[Federal Register Volume 75, Number 139 (Wednesday, July 21, 2010)]
[Rules and Regulations]
[Pages 42490-42570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17324]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for Limnanthes floccosa ssp. grandiflora (Large-Flowered Woolly
Meadowfoam) and Lomatium cookii (Cook's Lomatium); Final Rule
Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 /
Rules and Regulations
[[Page 42490]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2009-0046]
[MO 92210-0-0009 B4]
RIN 1018-AW21
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Limnanthes floccosa ssp. grandiflora (Large-
Flowered Woolly Meadowfoam) and Lomatium cookii (Cook's Lomatium)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate
critical habitat for two plants, Limnanthes floccosa ssp. grandiflora
(large-flowered woolly meadowfoam) and Lomatium cookii (Cook's
lomatium, Cook's desert parsley) under the Endangered Species Act of
1973, as amended (Act). We are designating 2,363 hectares (ha) (5,840
acres (ac)) in Jackson County, Oregon, as critical habitat for
Limnanthes floccosa ssp. grandiflora and 2,545 ha (6,289 ac) in Jackson
and Josephine Counties, Oregon, as critical habitat for Lomatium
cookii. Excluding overlapping critical habitat units for the two
species, a total of approximately 4,018 ha (9,930 ac) located in
Jackson and Josephine Counties, Oregon, fall within the boundaries of
the critical habitat designation.
DATES: This final rule becomes effective on August 20, 2010.
ADDRESSES: This final rule and final economic analysis are available on
the Internet at http://www.regulations.gov; maps of critical habitat
are available at http://criticalhabitat.fws.gov. Supporting
documentation we used in preparing this final rule is available for
public inspection, by appointment, during normal business hours, at the
U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600
SE 98\th\ Ave., Portland, OR 97266; telephone 503-231-6179; facsimile
503-231-6195.
FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, U.S.
Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE
98\th\ Avenue, Suite 100, Portland, OR 97266 (telephone 503-231-6179;
facsimile 503-231-6195). If you use a telecommunications device for the
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
Background
It is our intent to discuss only those topics directly relevant to
the development and designation of critical habitat for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii in this final rule. For
additional detailed information on the taxonomy, biology, and ecology
of these species, please refer to the final listing rule published in
the Federal Register on November 7, 2002 (67 FR 68004), and the Draft
Recovery Plan for Listed Species of the Rogue Valley Vernal Pool and
Illinois River Valley Wet Meadow Ecosystems (USFWS 2006, pp. II-1 to
II-17). Information on the associated draft economic analysis for the
proposed rule to designate critical habitat was published in the
Federal Register on January 12, 2010 (75 FR 1568).
Species Description, Life History, Distribution, Ecology, and Habitat
Limnanthes floccosa ssp. grandiflora, commonly known as large-
flowered woolly meadowfoam, and Lomatium cookii, commonly known as
Cook's lomatium or Cook's desert parsley, are endemic to seasonal
wetland habitats of southwestern Oregon. Limnanthes floccosa ssp.
grandiflora is restricted to Jackson County in the Rogue River Valley,
where it co-occurs with Lomatium cookii in several areas near White
City in an area known as the Agate Desert (ONHP 1997, p. 3; Huddleston
2001, p. 11). Lomatium cookii occurs in two disjunct locations: (1) In
the Rogue River Valley, near the towns of Medford, White City, and
Eagle Point; and (2) in the Illinois River Valley of Josephine County
near the towns of Selma, Cave Junction, and O'Brien (ONHDB 1994, p. 5).
The two locations are separated by approximately 48 kilometers (km) (30
miles (mi)).
Limnanthes floccosa ssp. grandiflora and Lomatium cookii are both
associated with the remaining relatively undisturbed vernal pool-
mounded prairie habitat in the Middle Rogue River Basin's Agate Desert
(Environmental Science Associates (ESA) 2007, p. 2-1; ONHP 1997, p. 3).
Relative to the pools, the plants often occur in pool margins, or less
often on both mound tops and depression bottoms of drier vernal pools.
The substrate underlying the vernal pool topography in the Middle
Rogue River Valley is primarily a Pleistocene outwash alluvium (mud,
silt, and sand deposited by flowing water) deposited in what has become
a deep bench or terrace above the current floodplain (Elliot and
Sammons 1996). The alluvium is composed of a matrix of gravels and
clay, which creates a hardpan or duripan layer (mineral soil horizons
relatively impervious to water). During fall and winter rains, water
collects in shallow depressions of the vernal pool-mounded prairie
habitat. Downward percolation of water is prevented by the presence of
the duripan layer located from 0.18 to 0.75 meters (m) (0.6 to 2.5 feet
(ft)) below the soil surface (Keeley and Zedler 1998, p. 2; Huddleston
2001, pp. 14-15). In areas north and northwest of Medford, the vicinity
of White City, and north along low-elevation plains, Limnanthes
floccosa ssp. grandiflora and Lomatium cookii occur on alluvial soils,
primarily mapped as Agate-Winlo complex soils, but may also be found on
mapped Coker clay and Provig-Agate complex soils with 0 to 3 percent
slopes. Limnanthes floccosa ssp. grandiflora also occasionally occurs
on soils mapped as Carney clay and Winlo, very gravelly loam in vernal
pool habitat north of White City (USDA 2006b).
In the Rogue River Valley, the two plants are associated with
microhabitats occupied by mostly annual native forbs and graminoids
(grass-like plants), including Alopecurus saccatus (Pacific foxtail),
Deschampsia danthonioides (slender hairgrass), Eryngium petiolatum
(Oregon coyote thistle), Trifolium depauperatum (poverty clover),
Myosurus minimus (tiny mouse-tail), Navarretia leucocephala ssp.
leucocephala (white-head navarretia), Lasthenia californica (California
goldfields), Phlox gracilis (slender phlox), Plagiobothrys bracteatus
(bracted popcornflower), and Triteleia hyacinthina (white brodiaea)
(OSU 2007); USFWS 2006, p. II-6).
Native bunchgrass communities that historically occurred in the
Rogue River Valley and supported Lomatium cookii habitat included
Achnatherum lemmonii (Lemmon's needlegrass), Festuca roemeri var.
klamathensis (Klamath Roemer's fescue), and Poa secunda (rough
bluegrass). The vernal pool habitat occupied by Limnanthes floccosa
ssp. grandiflora in the Rogue River Valley ranges from 372 to 469 m
(1,220 to 1,540 ft) in elevation (Huddleston 2001, p. 11; USGS 2002).
The vernal pool habitat occupied by Lomatium cookii in the same basin
area ranges from 372 to 411 m (1,220 to 1,350 ft) in elevation
(Huddleston 2001, p. 11; USGS 2009).
The habitats occupied by Lomatium cookii in the Illinois River
Valley are more complex than those in the Rogue River Valley in both
soil composition and soil depth. Lomatium cookii occurs on 17 mapped
soil types in the Illinois
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River Valley. The majority of Lomatium cookii occurrences in the
Illinois River Valley are found on Brockman clay loam, Josephine
gravelly loam, and Pollard loam (USDA 2008). Unlike the Middle Rogue
River Basin soils, many of the Lomatium cookii-occupied soil types
originate from stream-fed alluvium covering sedimentary or ultramafic
rocks (ONHDB 1994, pp. 9-10). Ultramafic rock is the parent material
for serpentine rock formations, once the rock has undergone excessive
heat and pressure through geologic processes. The soils derived from
serpentine rock give rise to unusual and rare associations of endemic
plants that are tolerant of extremely toxic soil conditions. Serpentine
rock is low in calcium and silica, low in many plant nutrients, and
high in iron and magnesium (Brady et al. 2005, p. 246). Pollard loam
and Speaker-Josephine gravelly loam soils originate from non-ultramafic
sources, while Brockman soil and most others types originate from
ultramafic parent material (Silvernail and Meinke 2008, pp. 9-10).
Habitat occupied by Lomatium cookii in the Illinois River Valley
includes seasonally wet grassland meadows, flats and slopes in mixed
oak-conifer and oak-madrone forested meadows, streambanks, roadside
edges, or forest openings. Such habitats are dominated by native
grasses, including: Danthonia californica (California oatgrass), Poa
secunda, Deschampsia cespitosa (tufted hairgrass), Festuca roemeri var.
klamathensis, Achnatherum lemmonii, and Deschampsia danthonioides.
Native forbs include Camassia spp. (camas), Ranunculus occidentalis
(western buttercup), and Limnanthes gracilis var. gracilis (slender
meadowfoam) (ONHDB 1994, p. 9). The seasonally wet meadows occupied by
Lomatium cookii in the Illinois River Valley usually occur as part of
bottomland Quercus garryana-Quercus kelloggii-Pinus ponderosa (Oregon
white oak-California black oak-ponderosa pine) savannas. Lomatium
cookii also occurs in shrubby habitat composed of Ceanothus cuneatus
(wedge-leaf buckbrush) and Arctostaphylos viscida (whiteleaf
manzanita). Widely spaced, large pine trees are characteristic of the
open meadow habitat with mixed pine and oak woodlands occurring along
seasonal creeks.
Lomatium cookii populations are generally found in areas that still
have relatively intact habitat components, although remnant populations
are often found in areas with or adjacent to mining, agricultural
development, residential or commercial development, and grazing
activities (Oregon Natural Heritage Information Center (ONHIC) database
2008).
Land uses associated with the largest, more contiguous populations
of Limnanthes floccosa ssp. grandiflora and Lomatium cookii are vernal
pool habitats managed specifically for conservation or managed using
compatible agricultural practices. Actions conducive to large
population sizes of either of the two species may include prescribed
burns, controlled grazing practices, or regular mowing. The Rogue
Valley International-Medford Airport is an example of an area that is
mowed regularly to meet Federal Aviation Authority (FAA) safety
requirements and that supports a large and prolific Lomatium cookii
population that extends over 2.3 ha (7 ac) (R. Russell, pers. comm.
2004; S. Friedman, pers. obs. 2009). Within grazed properties, small,
isolated patches of Limnanthes floccosa ssp. grandiflora often continue
to persist, perhaps due to suppression of the thatch layer from
invasive, nonnative grasses (Meyers 2008, pp. 1-48; Wildlands, Inc.
2008, p. 1; Borgias 2004, p. 42).
Sites occupied by Lomatium cookii that receive no management
continue to support plant populations, but monitoring suggests that
some of those populations are declining (Kaye and Thorpe 2008, pp. 16-
25). For example, Borgias (2004, p. 34) observed that, after several
years without grazing or fire at The Nature Conservancy's Agate Desert
Preserve, thatch accumulated and recruitment of young Lomatium cookii
declined due to the increases of nonnative annual grasses. In the
Illinois River Valley, other reports indicate that vegetative
succession, herbivory by voles (Microtus spp.), or both, may be the
cause of declining populations (Kaye and Thorpe 2008, pp. 16-25).
Threats
Threats to Limnanthes floccosa ssp. grandiflora and Lomatium cookii
in the Rogue River Valley include habitat impacts resulting from:
residential, urban, and commercial development; aggregate and mineral
mining; agricultural development (including leveling, ditching,
tilling, and stock pond construction or water impoundments); road
construction and maintenance; off-road vehicle (ORV) use that affects
surface hydrology; vandalism (related to ORV use); incompatible grazing
practices; and encroachment by nonnative plants (67 FR 68004, November
7, 2002).
The habitat impacts resulting from residential, urban,
agricultural, mining, and commercial development resulted in an
approximately 60 percent loss of the vernal pool landscape in the Rogue
River Valley due to building construction, removal of habitat, altered
hydrology, or altered topography (ONHP 1997, pp. 14-15; Wille and
Petersen 2006, p. 1993).
Ground-disturbing activities, such as development, mining, road
construction and maintenance, or ORV use, can damage the clay pan layer
and allow soil moisture to drain from the vernal pools or wet meadow
habitats that the plants depend on for reproduction and survival.
Incompatible agricultural practices, including some timber management
and crop management, can alter hydrology, directly affect plants with
equipment, allow nonnative thatch to accumulate due to excessive
grazing rest, and stifle plant growth, or indirectly affect plants as a
result of road construction. Road construction can fragment
populations, alter hydrology, or cover plants with fill material,
resulting in degradation of habitat and direct loss of plants.
The effects of gold mining operations threaten approximately 10
percent of the federally owned portion of Lomatium cookii habitat in
the Illinois River Valley, and if existing mining claims on Bureau of
Land Management (BLM) lands are pursued, habitat damage would increase
beyond 20 percent. The effects of mining activities can result in
direct habitat loss for the species and limit recovery. Indirect
effects from mining operations could also occur due to off-site
activities such as road construction, which are likely to alter
hydrologic cycles at Lomatium cookii habitat sites. These changes could
cause seasonally saturated soils to drain and could impede seed
germination or lead to death of seedlings and mature plants (67 FR
68004, November 7, 2002). However, remnant patches of Lomatium cookii
do occasionally persist near mining sites.
Under the Federal Land Policy and Management Act (43 U.S.C. 1701 et
seq.) and the National Environmental Policy Act (NEPA; 42 U.S.C. 4321
et seq.), the BLM requires permits and public review for ``Plan Level''
mining activities (greater than 5 ac (2 ha)) on Federal lands. The Code
of Federal Regulations (43 CFR 3590) allows Federal agencies to deny a
permit which could result in irreparable damages to significant
resources (including endangered and threatened species) that cannot be
mitigated. Several Lomatium cookii occurrences and suitable habitat
occur on BLM Areas of Critical Environmental Concern (ACECs). There are
several ACECs where we are designating critical habitat for Lomatium
cookii, including:
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Rough and Ready, French Flat, and portions of the new proposed Waldo
Takilma ACEC. Any proposed mining actions in an ACEC requires a ``Plan
Level'' operation plan, which receives public input through the NEPA
process.
Vandalism in the form of intentional disregard or dismantling of
signage or fencing intended to protect certain wetland areas from
unauthorized ORV use, and subsequent damage resulting from that use,
can result in negative effects on the hydrology of the habitat for the
two plant species (for example, by penetrating the duripan layer,
resulting in drainage).
The effect of grazing on suitable habitat depends on how the
grazing is managed. There is conflicting information showing that
certain grazing practices can affect native plant species' richness
(Marty 2004, p. 1629). Marty's (2004, pp. 1629-1630) study indicates
that wet season grazing resulted in a decrease of native forb species
at vernal pool edge habitat, the habitat typically occupied by
Limnanthes floccosa ssp. grandiflora. However, the study goes on to
mention that continuous grazing was reported to increase species'
richness and native plant cover in this edge habitat. In a grazing
report prepared for the Service, Borgias (2004, p. 34) mentions that at
one site in Jackson County, year-round cattle and horse grazing is
practiced, and it appears to allow survival and even proliferation of
Lomatium cookii. In their study of 17 to 25 sites, Hayes and Holl (2003
p. 1697) indicate the number of native forb species was greater in
ungrazed sites than grazed sites. Brock (1987, p. 30) contends that
historical grazing practices fragmented and extirpated Lomatium cookii
throughout much of the Rogue River Valley, based on his observations of
the dominance of nonnative annual grasses in the area and the disparate
occurrences of Lomatium cookii patches. There appear to be instances
where some grazing practices can have both beneficial and negative
impacts on suitable habitat for Limnanthes floccosa ssp. grandiflora
and Lomatium cookii.
Examples of incompatible grazing practices could include wet season
grazing (Marty 2004, p. 1629), particularly during the plants'
flowering and fruiting season, or grazing at such high density of
livestock (ONHDB 1994, p. 11) that all grass and forbs are grazed to a
height that prevents reproduction. Water diversion and water
impoundment, when used in conjunction with livestock management (making
water available for livestock), can also eliminate habitat for the two
plant species.
In the Illinois River Valley, herbivory by voles has resulted in
mortality of individual plants, as well as an indirect decrease in
reproduction for several Lomatium cookii occurrences (Kaye and Thorpe
2009, p. 31).
Limnanthes floccosa ssp. grandiflora and Lomatium cookii are also
threatened by encroachment of nonnative annual herbs, including
Centaurea solstitialis (yellow starthistle) and Cardaria draba (hoary
cress), which may competitively exclude the two native species.
Nonnative annual grasses, namely Hordeum marinum ssp. gussoneanum
(Mediterranean barley) and Taeniantherum caput-medusae (medusahead),
are also contributing to the degradation of the native plant community.
Hordeum marinum ssp. gussoneanum encroaches on microhabitats occupied
by both species, but T. caput-medusae occurs on adjacent upland mound
habitats, occasionally interfering with Lomatium cookii germination and
growth with its thatch output. Reproduction of both Lomatium cookii and
Limnanthes floccosa spp. grandiflora is impaired by the presence of
introduced annual grasses, as seeds of both native species are not able
to germinate under the dense thatch produced by nonnative annual
grasses. Recently introduced nonnative, invasive plants that have the
potential to threaten Lomatium cookii in the Illinois River Valley are
Alyssum murale (yellowtuft) and A. corsicum (alisso di Corsica). These
two plants were recently introduced to meadow habitat with serpentine-
dervied soils as part of an experiment to test their ability to
accumulate nickel (ODA and USFS 2008, pp. 1-3). The plants tend to
outcompete some native plants and persist over time (ODA and USFS 2008,
pp. 1-3). The plants were declared noxious weeds by the Oregon
Department of Agriculture (ODA) and are illegal to plant in Oregon.
Threats to Lomatium cookii in the Illinois River Valley include the
habitat impacts resulting from aggregate and mineral mining,
residential and urban development, timber harvesting practices, road
construction and maintenance, ground disturbance by ORV use that
affects surface hydrology, garbage dumping, succession of native woody
vegetation due to fire suppression, incompatible grazing practices, and
herbivory by voles. The dumping of garbage, especially such large items
as old appliances, can directly affect populations by crushing or
smothering them. Succession of native woody vegetation, although a
natural process, is normally discouraged by fire. In the Illinois River
Valley, the longer fire return intervals due to fire suppression have
led to the encroachment of native woody vegetation (trees and shrubs)
into the wet meadow habitats occupied by Lomatium cookii. Such native
woody plants include Ceanothus cuneatus (buckbrush), Pinus ponderosa
(Ponderosa pine), Pinus jeffreyi (Jeffrey pine), Pseudotsuga menziesii
(Douglas-fir), and Toxicodendron diversiloba (poison oak). The
succession of these species in Lomatium cookii habitat can isolate the
species into small refuge pockets or cause widespread reduction of
habitat suitability by reducing light availability (over-shading),
limiting water and nutrient availability, fragmenting populations, and
limiting space to grow.
Individuals of Lomatium cookii growing in more shaded conditions,
such as when surrounded by shrubs, tend to be smaller and less robust
than plants growing in more open areas in association with lower
growing grasses and forbs (ONHIC 2008). At four protected locations in
the Rogue and Illinois River Valleys, long-term monitoring indicates
that Lomatium cookii populations experienced declines (D. Borgias,
pers. comm. 2006; Kaye and Thorpe 2008, pp. 16-25). The causes are not
specifically known but appear to be due to encroachment and over-
shading from the natural succession of vegetation or increases in vole
activity. At two of the declining Lomatium cookii populations, located
at the French Flat ACEC, the Medford District of the BLM is planning to
arrest this decline by reducing shrub and tree encroachment (S. Fritts,
pers. comm. 2009). At two Lomatium cookii populations located on The
Nature Conservancy's Agate Desert Preserve and Whetstone Savanna
Preserve, planting of native bunchgrass, mowing, and grazing are being
considered to address declining plant numbers (D. Borgias, pers. comm.
2009).
Previous Federal Actions
We listed Limnanthes floccosa ssp. grandiflora and Lomatium cookii
as endangered on November 7, 2002 (67 FR 68004). For a discussion of
additional information on previous Federal actions concerning
Limnanthes floccosa ssp. grandiflora and Lomatium cookii, please refer
to the final listing rule for the two species (67 FR 68004; November 7,
2002).The recovery needs of these two species are addressed in the
Draft Recovery Plan for Listed Species of the Rogue Valley Vernal Pool
and Illinois River Valley Wet Meadow Ecosystems, published in 2006
(USFWS 2006).
On December 19, 2007, the Center for Biological Diversity filed a
complaint
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against the Service (Center for Biological Diversity v. Kempthorne, et
al., 07-CV-2378 IEG, (S.D. CA)) for failure to designate critical
habitat for four plant species, including Limnanthes floccosa ssp.
grandiflora and Lomatium cookii (the other two species occur in
different parts of the country). On April 11, 2008, the U.S. District
Court for the Southern District of California entered an order
approving a stipulated settlement of the parties requiring the Service
to determine whether designation of critical habitat for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii is prudent, and if so, to
submit a proposed rule for the designation of critical habitat to the
Federal Register on or before July 15, 2009. The settlement also
required the Service to submit a final rule designating critical
habitat for Limnanthes floccosa ssp. grandiflora and Lomatium cookii to
the Federal Register on or before July 15, 2010.
We affirmed that designation of critical habitat for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii is prudent, and we
published a proposal to designate critical habitat for the two plant
species in the Federal Register on July 28, 2009 (74 FR 37314). We
accepted public comments on this proposal for 60 days, ending September
28, 2009. On January 12, 2010 (75 FR 1568), we announced the reopening
of the public comment period for an additional 30 days (ending February
11, 2010); the availability of a draft economic analysis and amended
required determinations section of the proposal; and a public hearing
on February 2, 2010, in Medford, Oregon. We invited the public to
review and comment on any of the above actions associated with the
proposed critical habitat designation at the scheduled public hearing
or in writing (75 FR 1568).
In 2003, we designated critical habitat for the endangered vernal
pool fairy shrimp (Branchinecta lynchi) in California and the Rogue
River Valley of Oregon (68 FR 46683; August 6, 2003). The designated
vernal pool fairy shrimp critical habitat in Oregon overlaps with
approximately 1,964 ha (4,853 ac) of suitable habitat for Limnanthes
floccosa ssp. grandiflora and 734 ha (1,815 ac) of suitable habitat for
Lomatium cookii (68 FR 46683). The vernal pool fairy shrimp critical
habitat designation resulted in additional regulatory review for
habitats occupied by both Limnanthes floccosa ssp. grandiflora and
Lomatium cookii in most of Jackson County due to the similarity and
location of the vernal pool-mounded prairie habitat shared by these
three species. In this final rule, we will note where designated
critical habitat for the vernal pool fairy shrimp overlaps with that
designated for Limnanthes floccosa ssp. grandiflora and Lomatium
cookii.
This final rule completes our obligations under the April 11, 2008,
settlement agreement regarding Limnanthes floccosa ssp. grandiflora and
Lomatium cookii.
Summary of Comments and Recommendations
We requested written comments from the public on the proposed
designation of critical habitat for Limnanthes floccosa ssp.
grandiflora and Lomatium cookii during two comment periods. The first
comment period, associated with the publication of the proposed rule,
opened July 28, 2009 (74 FR 37314), and closed September 28, 2009. The
second comment period, associated with the availability of the draft
economic analysis, opened January 12, 2010 (75 FR 1568), and closed
February 11, 2010. During the comment periods, we received two requests
for a public hearing. Section 4(b)(5)(E) of the Act requires that we
hold one public hearing on a proposed regulation if any person files a
request for such a hearing within 45 days after the date of publication
of a proposed rule. In response to these requests, we held a public
hearing in Medford, Oregon, on February 2, 2010. We also contacted
appropriate Federal, State, County, and local agencies; scientific
organizations; and other interested parties and invited them to comment
on the proposed rule to designate critical habitat for these species
and the associated draft economic analysis.
During the first comment period (July 28 - September 28, 2009), we
received five comment letters directly addressing the proposed critical
habitat designation. During the second comment period (January 12 -
February 11, 2010), we received six comment letters addressing the
proposed critical habitat designation or the draft economic analysis.
During the February 2, 2010, public hearing, one individual provided
comment on the designation of critical habitat for Lomatium cookii. All
substantive information provided during both comment periods has either
been incorporated directly into this final determination or is
addressed below. Comments we received are addressed in the following
summary and incorporated into the final rule as appropriate.
Peer Review
In accordance with our policy published on July 1, 1994 (59 FR
34270), we solicited expert opinions from three knowledgeable
individuals with scientific expertise including familiarity with the
species, the geographic region in which the species occur, and
conservation biology principles pertinent to the species. We received
responses from all three peer reviewers.
We reviewed all comments we received from peer reviewers for
substantive issues and new information regarding critical habitat for
Limnanthes floccosa ssp. grandiflora and Lomatium cookii. The peer
reviewers generally concurred with our methods and conclusions,
indicating the Service had used the most current scientific information
available; had accurately described the species, their habitat
requirements, the primary constituent elements (PCEs) for the species,
the reasons for their decline, and threats to their habitat; and had
done a thorough job of delineating critical habitat using the best
available scientific information. Peer reviewer comments are addressed
in the following summary and incorporated into the final rule as
appropriate.
Peer Reviewer Comments
(1) Comment: All three peer reviewers and several other commenters
pointed out that Lomatium cookii populations are, in fact, found in
habitat subject to mining, agricultural development, residential or
commercial development, or grazing activities.
Our Response: We agree that remnant Lomatium cookii populations can
and do occur in areas subject to mining, agricultural development,
residential or commercial development, or grazing activities. We
revised the language in this rule to clarify this point.
(2) Comment: One peer reviewer suggested that critical habitat for
Limnanthes floccosa ssp. grandiflora and Lomatium cookii should include
all population areas discovered after the 2002 final listing because
all populations that are currently known, not just those found within 3
years of listing, were almost certainly present at the time of listing.
The peer reviewer commented that dispersal (for both species) is very
limited and successful establishment after dispersal is likely to be
infrequent. Therefore, designation of all known populations as critical
habitat is warranted.
Our Response: We concur that dispersal and establishment of the two
species are infrequent and limited, such that, at this time, a recently
documented population most likely existed at the time of the November
2002 final listing.
We include in critical habitat units only Limnanthes floccosa ssp.
[[Page 42494]]
grandiflora and Lomatium cookii populations and habitat areas that
provide the physical or biological features essential for their
conservation and that require special management considerations or
protection. We do not include several populations within critical
habitat units because those populations do not meet our selection
criteria. For example, populations that have fewer than 10 individuals
or that occur in areas that we determined lack the PCEs are not
included in the critical habitat designation. We also revised some
critical habitat units to incorporate new detailed information provided
in the comments we received; these comments provided information on
areas not considered in the proposed rule that may support the PCEs, as
well as areas included in the proposed designation that may not support
the PCEs for the species. All such information was ground-truthed,
verified, and incorporated into this final rule, as appropriate.
(3) Comment: Two peer reviewers pointed out that the proposed rule
suggests that mining is not considered a significant threat for
Lomatium cookii when in fact it should be considered the greatest
threat in Josephine County.
Our Response: We agree that mining should be considered one of the
prominent threats to Lomatium cookii, especially in Josephine County.
We clarified the information in the Background section and the Special
Management Considerations section of this rule to reflect this.
(4) Comment: One peer reviewer pointed out that incompatible
grazing was not clearly defined and disagreed with an example provided
in the proposed rule of an incompatible grazing practice whereby:
``Heavy grazing, especially from October through April, would be an
example of incompatible grazing.''
Our Response: In the Background section of this rule we further
defined ``incompatible grazing practices'' to address this concern,
citing ONHDB (1994, p. 11). We revised examples of incompatible grazing
to include flooding or grading of vernal pools to make water available
for livestock, and further elaborated on grazing practices that may
have both positive and negative effects on critical habitat for the two
plant species. We also recognize that lack of grazing can have both
negative and positive effects on habitats supporting Limnanthes
floccosa ssp. grandiflora and Lomatium cookii.
(5) Comment: One peer reviewer provided additional information
about proposed Unit RV4 and commented that some of the inferences
describing the habitat conditions were not well substantiated. For
example, the reviewer indicated that the south part of the unit has
been leveled, not grazed, and this more likely was the reason why
Limnanthes floccosa ssp. grandiflora was not present in this area.
Our Response: We revised the description of Unit RV4 to suggest the
leveled habitat within the unit could have been one of the reasons why
Limnanthes floccosa ssp. grandiflora was not present in the area. The
unit is still occupied by the species both north and south of the
leveled area and still functions as critical habitat due to the
underlying hardpan (see Criteria Used To Identify Critical Habitat,
below).
(6) Comment: One peer reviewer provided information about an area
near Unit RV9, currently unoccupied by Limnanthes floccosa ssp.
grandiflora or Lomatium cookii, and suggested it be included in the
critical habitat designation because the habitat appears to provide the
habitat conditions necessary to support the species.
Our Response: We appreciate the suggestion; however, the Act allows
for areas that were not occupied by the species at the time of listing
to be designated as critical habitat only if they are considered
essential to the conservation of the species. We have no information
indicating that this area has ever been occupied by the species.
Furthermore, based on ground truthing and aerial photo interpretation,
the site does not appear to have the habitat conditions necessary to
support the two species, and therefore does not meet the critical
habitat selection criteria.
(7) Comment: One peer reviewer and a commenter suggested that we
should expand critical habitat units to include the adjoining up-
gradient slopes that deliver water seasonally. They suggest the wet
hydrology habitat occupied by Lomatium cookii in the Illinois River
Valley is dependent on overland flow and through-flow from the adjacent
up-gradient slopes, although the degree to which this hydrology is
needed is not quantified.
Our Response: Not all the upland slopes adjacent to the Illinois
River Valley critical habitat units do not meet our selection criteria
(see Criteria Used to Identify Critical Habitat, below); therefore, we
did not include all of these features in this rule. Some of the
critical habitat units in the Illinois River Valley do include some
sloped, unoccupied habitat adjacent to occurrences, but this is
intended to include habitat that we consider essential for species
conservation. Any Federal actions that would occur on the adjacent
slopes of designated critical habitat may have direct or indirect
effects on critical habitat, and therefore could trigger consultation
under section 7 of the Act.
(8) Comment: A peer reviewer pointed out that in the proposed rule
the habitat description in the Background section incorrectly implies
that annual grasslands are the natural habitat for Limnanthes floccosa
ssp. grandiflora and Lomatium cookii. The reviewer stated that native
perennial bunchgrass communities, including such species as Achnatherum
lemmonii, Festuca roemeri var. klamathensis, and Poa secunda, are the
natural habitat for these two species in Jackson County's Agate Desert
(Rogue River Valley). The reviewer's opinion is that livestock grazing
has largely eradicated these grasses and has facilitated the invasion
of nonnative annual grasses and forbs, so if habitat was restored to
native grasses, grazing would not be helpful.
Our Response: We revised some of the background information to
reflect that the current typical grassland habitat occupying almost all
of the upland areas in Jackson County's Agate Desert is composed of
nonnative annual grasses. We point out that grazing can be an excellent
tool for management of these grasses, but would not be an appropriate
tool for management in native bunchgrass habitat.
Public Comments
(9) Comment: One commenter stated that the Service didn't propose
designation of large portions of the two plants' occupied ranges and
many areas where one or both of these plant species are known to occur.
The commenter points out that the proposed critical habitat units are
too small and disjointed to offer meaningful protection of these
wetland habitats.
Our Response: We identified critical habitat units that met our
selection criteria for critical habitat (USFWS 2009). To the best of
our knowledge, we included only areas that provide the physical or
biological features essential to the conservation of the species and
that require special management considerations or protection. We did
not include many areas of developed, previously modified, or unsuitable
habitat that do not support, or would not contribute to, the species'
continued existence or recovery (see Criteria Used To Identify Critical
Habitat, below).
(10) Comment: One commenter stated that there is a discrepancy
between the recovery core areas that the Draft Recovery Plan for Listed
Species of the Rogue Valley Vernal Pool and Illinois River Valley Wet
Meadow Ecosystems deemed appropriate for recovery of the
[[Page 42495]]
two species and the critical habitat units delineated in the proposed
rule.
Our Response: Since the publication of the draft recovery plan in
2006 (USFWS 2006), we received additional information about the
critical habitat areas from recent ground surveys, updated aerial
photographic imagery, and recent development activities on the
landscape. The critical habitat units designated in this rule are very
similar to the proposed recovery core areas. However, in the Illinois
River Valley, five areas that were suggested as priority 3 core areas
in the recovery plan are not included in the designated critical
habitat because they do not support any occurrences of the listed
plants and because, on closer inspection, we determined that these
areas do not meet our selection criteria for critical habitat.
(11) Comment: A commenter claimed that the statement in the
proposed rule (74 FR 37334; July 28, 2009) that the Service ``will
consider for exclusion under section 4(b)(2) of the Act any existing
management plans located within proposed critical habitat units'' is
inconsistent with the letter and intent of the Act and that the
Service's implementing regulations consider special management
considerations important to the preservation of critical habitat.
Our Response: The Secretary's authority to consider exclusions
under section 4(b)(2) of the Act is separate from the statutory
requirement under section 3(5)(A) of the Act that we designate critical
habitat by identifying those specific areas on which are found those
physical or biological features essential to the conservation of the
species and which may require special management considerations or
protection. As described in the Criteria Used to Identify Critical
Habitat section of this final rule, we are designating critical habitat
in areas occupied by the species at the time it was listed, that
provide the physical or biological features essential to their
conservation, and which may require special management considerations
or protection. We did not receive any management plans from any public
or private entities for consideration of exclusion based on section
4(b)(2) of the Act, and did not exclude any habitat from the
designation based on section 4(b)(2) of the Act.
(12) Comment: A commenter asserted that the proposed rule
constitutes a major Federal action with serious impacts on the human
environment in the Rogue and Illinois River Valleys. As such, the
commenter felt that the Service is required under NEPA to prepare a
complete Environmental Impact Statement to analyze the possible effects
and outcomes of designating critical habitat for the two species.
Our Response: Outside the jurisdiction of the Tenth Circuit Court
of Appeals, it is the Service's position that we do not need to prepare
environmental analyses as defined by NEPA in connection with the
designation of critical habitat under the Act. We published a notice
outlining our reasons for this determination in the Federal Register on
October 25, 1983 (48 FR 49244), and our position was upheld in the
Ninth Circuit Court of Appeals (Douglas County v. Babbitt, 48 F.3d 1495
(9th Cir. 1995), cert. denied, 516 U.S. 1042 (1996)).
(13) Comment: A commenter indicated that a portion of the
commenter's property is already developed, some of which is recent, and
the commenter is planning to expand development of a water treatment
facility on their property. The commenter requested that the Service
exclude portions of the property planned for development from critical
habitat designation.
Our Response: We carefully inspected updated aerial imagery and
identified the recently developed area. We also conducted a site visit
to the property to determine if the area in question provides the PCEs
for either Limnanthes floccosa ssp. grandiflora or Lomatium cookii. We
determined that suitable habitat was present on the property; however,
upon closer inspection, we deemed it appropriate to modify the
boundaries of Subunit RV6A to remove developed areas and a small area
on the property that did not provide the PCEs. We are not able to
eliminate areas that currently provide the PCEs for the species from
critical habitat on the basis of anticipated future development, nor do
such plans form the basis for an exclusion from critical habitat under
the provisions of the Act. The total amount of designated critical
habitat in the subunit decreased from 507 ha (759 ac) to 263 ha (650
ac).
(14) Comment: One commenter indicated that Lomatium cookii was
improperly listed as endangered because it occurs on over 4,452 ha
(11,000 ac) in the Illinois River Valley. The commenter suggested this
indicates that the plant is flourishing and not in danger of
extinction.
Our Response: Technically, the listing status of the species is
outside the scope of this rulemaking. However, Lomatium cookii was
determined to have endangered status in the 2002 final listing rule (67
FR 68004) because it occurs in a limited geographic range with few
known occurrences, occupying a total of 108 ha (266 ac) overall or 61
ha (150 ac) in the Illinois River Valley, and because it is threatened
by destruction of its specialized habitat due to the effects of
industrial and residential development, road and powerline construction
and maintenance, agricultural conversion, certain grazing practices,
off-road vehicle use, and competition with nonnative plants. The units
included in the critical habitat designation include occupied sites
that provide the PCEs and that met our selection criteria for size,
connectivity, and other biological considerations. The critical habitat
units represent habitat complexes, or functional ecosystem units,
occupied by the species and that provide the PCEs essential for its
conservation. In such habitat complexes, such as vernal pool-mounded
prairie complex or a wet meadow or mixed conifer forest complex,
Lomatium cookii may use different parts of its habitat over time
depending on vegetation succession states, including areas that might
be intermittently occupied or unoccupied when the abundance of the
species oscillates such that parts of its habitat are not used during
low population phases. We are designating 1,621 ha (4,007 ac) of
critical habitat for Lomatium cookii in the Illinois Valley in this
rule. This habitat includes areas presently occupied by the species as
well as surrounding areas that contribute to the ecosystem function
essential to the conservation of the species. The species does not
fully occupy an area of 4,452 ha (11,000 ac) in the Illinois River
Valley, as indicated by the commenter.
(15) Comment: Lomatium cookii is not closely associated with
serpentine soils and in fact grows well in non-serpentine-derived
soils.
Our Response: We only documented Lomatium cookii on a few locations
with serpentine-derived soils in the Illinois River Valley. We agree
that Lomatium cookii is not restricted to serpentine soils. In Jackson
County, none of the Lomatium cookii occurrences are on serpentine
soils. We clarify in the Background section of this rule that Lomatium
cookii can occur in soil types other than serpentine-derived soils in
the Illinois River Valley.
(16) Comment: One commenter mentioned that surface disturbances do
not pose a threat to Lomatium cookii because plant populations are
healthier in disturbed ground such as wheel ruts, road cuts, recently
graded areas, and mine tailings.
Our Response: We are aware that Lomatium cookii has an ability to
[[Page 42496]]
persist in disturbed sites, such as graveled roadsides and wheel ruts,
likely owing to its long tap root. However large-scale mining and
development activities can completely remove or alter Lomatium cookii
suitable habitat by removing large amounts of soil. We are not aware of
Lomatium cookii occurring in mine tailings, but it would not be
surprising provided the tailings were relatively shallow. We have no
documentation of Lomatium cookii colonizing newly disturbed areas and
surmise that Lomatium cookii occurred at the recently graded areas
prior to the work.
(17) Comment: One commenter said that the Lomatium cookii
occurrences in Unit IV12 are nonnative and suggested that because they
are found in both historical and recent placed mine tailings, it can be
inferred that the plants did not originate at this site.
Our Response: We have no evidence to suggest that the Lomatium
cookii occurrences in Unit IV12 are not naturally occurring.
Regardless, under section 3(5)(A) of the Act, the designation of
critical habitat is not limited to sites that historically supported
the species, but applies to geographic areas occupied at the time of
listing or those that may have been unoccupied but are considered
essential to the conservation of the species. Our information suggests
that the geographic areas designated as critical habitat in Unit IV12
were occupied at the time of listing. We reviewed long-term Lomatium
cookii monitoring reports from BLM land in Unit IV12 (Thorpe and Kaye
2009), which suggest these are well-established populations. Lomatium
cookii only occurs in limited areas in Jackson and Josephine Counties,
and populations appear to be dwindling in many of these locations.
(18) Comment: One commenter objected to the assertion that Alyssum
murale (yellowtuft) and Alyssum corsicum (alisso di Corsica) pose a
threat to Limnanthes floccosa ssp. grandiflora and Lomatium cookii. The
commenter stated that there has never been proof that the two Alyssum
species can impact the two plant species.
Our Response: Our proposed rule identified these two nonnative
Alyssum species as potential threats to Lomatium cookii. According to
the joint Forest Service (FS) and Oregon Department of Agriculture
(ODA) 2008 assessment, the two Alyssum species appear to have escaped
from various planted locations and are vigorously colonizing new areas
within the Illinois River Valley on serpentine-derived soils. The
authors of the report conclude that the dense concentrations of these
invasive plants threaten to encroach upon and displace Lomatium cookii
in the Illinois River Valley (ODA and USFS 2008, pp. 1-3). The ODA has
determined that the Alyssum species are noxious weeds; therefore they
can no longer be legally planted in Oregon. We consider the two Alyssum
species to pose a general threat to Lomatium cookii in the Illinois
River Valley.
Comments by Federal Agencies
(19) Comment: The BLM commented that the Background section of our
rule should clearly state that vernal pool fairy shrimp critical
habitat units only overlie critical habitat units designated for
Limnanthes floccosa ssp. grandiflora or Lomatium cookii in Jackson
County.
Our Response: We clarified in the Background section of this rule
that vernal pool fairy shrimp critical habitat only overlies the
Limnanthes floccosa ssp. grandiflora or Lomatium cookii critical
habitat units in Jackson County.
(20) Comment: The BLM pointed out that the PCE section describing
the habitat characteristics for Lomatium cookii in the Illinois River
Valley leaves out some suitable habitat types, in addition to wet
meadows that occur in that area. The BLM suggests the description
should also include mixed evergreen oak-madrone (Quercus-Arbutus),
higher shrub cover, and sites in very small openings, road edges, and
old road beds.
Our Response: We revised the PCEs and included additional habitat
descriptions for the Illinois River Valley based on the BLM
suggestions, ground-truthing, and inspection of updated aerial
photography. We do not include old road beds or graveled roadsides as
one of the PCEs for the species because we do not consider these
features to be essential to the conservation of the species.
(21) Comment: BLM mentioned that the proposed rule appeared to
describe the minimum size of critical habitat units as at least 12 ha
(30 ac). However, they point out that a few populations of the two
plant species that occur in patches less than 1 ac (0.4 ha) in size
were included in the proposed critical habitat, seemingly in violation
of our minimum size criterion. BLM suggested we clarify our description
of the critical habitat units to explain that they represent a
functional habitat complex, with some areas that are occupied and
others that are presently unoccupied but still provide the essential
physical or biological features required for the conservation of the
species.
Our Response: We agree with BLM's comment, and attempted to clarify
in this rule that critical habitat boundaries are not drawn narrowly
around present occurrences of the species, but are intended to
encompass functional habitat complexes that support the species (that
is, provide the PCEs). In our selection criteria, we determined that an
isolated 8-ha (20-ac) area of habitat (where ``isolated'' is defined as
meaning the next area of appropriate habitat is greater than 1 km (0.6
mi) away) that is occupied by one of the plant species is the minimum
area we will designate as a critical habitat unit for both the Rogue
River Valley and the Illinois River Valley. This criterion is based on
historical evidence (ONHIC 2008) that isolated habitats do not provide
a hydrologically and ecologically functional system of vernal pool-
mounded prairie, streams, or slopes and wooded systems that surround
and maintain seasonally wet alluvial meadows. Many small patches of
plants less than 0.4 ha (1 ac) in size may occur within a single
critical habitat unit, but in our selection process, we included areas
of habitat between these patches that provide the PCEs for the species,
considering them collectively as a complex. We expect plant occurrences
could occur anywhere within the hydrologically and ecologically
functional system of habitat provided within such a complex within a
critical habitat unit.
(22) Comment: BLM suggests that in the Special Management
Considerations or Protections section of our rule we include a
description of mining regulations on Federal lands in the Illinois
River Valley.
Our Response: We revised the Background and Special Management
Considerations or Protections sections of this rule to include more
information about mining rules, operational plan requirements, and the
extra regulatory requirements at BLM ACECs.
(23) Comment: BLM recommends that in the Criteria Used to Identify
Critical Habitat section of our rule we provide a citation or rationale
for why Lomatium cookii populations with fewer than 10 individuals
should not be included in the critical habitat designation.
Our Response: Our selection criteria specified that areas with
fewer than 10 individual plants that are isolated (1 km (0.6 mi)
distance from the next area of appropriate habitat) would not meet the
definition of critical habitat because such areas do not provide the
physical or biological features essential to the conservation of the
species. We based this selection criterion on plant record evidence
that Limnanthes floccosa ssp. grandiflora or Lomatium cookii plant
occurrences below the 10-individual threshold appear to become
extirpated
[[Page 42497]]
over time due to lack of habitat quality, available habitat space, or
proximity to developmental activity (ONHIC 2008).
(24) Comment: The BLM pointed out that the majority of occurrences
of Lomatium cookii occur on Federal lands in the Illinois River Valley
(Josephine County). They indicated that 33 sites, or 70 percent of the
total number of known sites, occur on BLM lands. However, only 20
percent of the proposed critical habitat occurs on Federal lands. BLM
provided maps suggesting areas in the Illinois River Valley where
critical habitat boundaries could be revised to include additional
suitable habitat for Lomatium cookii on BLM lands and to remove areas
with unsuitable habitat on private lands in the following critical
habitat units: IV3, IV4, IV5, IV11, IV13, and IV14.
Our Response: We reviewed new aerial photos and performed ground
truthing in the BLM-managed areas proposed by BLM for inclusion in
final Lomatium cookii critical habitat units in Josephine County,
Oregon. We agree that some of these areas contain the physical or
biological features essential for the conservation of Lomatium cookii.
Out of the recommended areas, we determined 265 ha (654 ac) of these
additional BLM lands contain the essential physical or biological
features for Lomatium cookii and require special management or
protection, and thus meet the definition of critical habitat. As these
lands meet the selection criteria for critical habitat as described in
our original proposal, and all fall within currently described critical
habitat units, we consider the addition of these Federal lands to be
within the scope of the original proposed critical habitat designation.
In addition, we determined that including a portion of these areas
within the critical habitat designation will not impact any timber
sales, grazing leases, active mining claims, or other activities on
these Federal lands, and will not alter the economic analysis of the
proposed designation. The new areas recommended for inclusion in the
designation by the BLM are all either designated as ACECs or proposed
as ACECs. The information provided by the BLM further allowed us to
refine the proposed critical habitat units and remove areas of private
lands that do not provide the physical or biological features essential
to the conservation of Lomatium cookii from the final designation.
Therefore, upon the recommendation of the BLM, we increased the area of
critical habitat in units IV3, IV4, IV5, IV11, and IV13 to include
additional BLM lands in the Lomatium cookii critical habitat
designation.
(25) Comment: BLM suggests that Table 1 in the proposed rule and
the critical habitat unit descriptions include occurrences of the two
listed species. Also, the agency suggests our critical habitat
discussion should describe which occurrences are on private, city,
county, State, or Federal lands.
Our Response: We provided more information in this rule regarding
each of the occurrences and whether they occur on private, city,
county, State, or Federal lands, but did not revise Tables 3-6 in an
effort to maintain clarity.
Comments Related to the Economic Analysis
(26) Comment: One commenter stated that the impacts to Jackson
County associated with the Medford Airport runway expansion project in
2015 should be quantified as incremental impacts due to the designation
of critical habitat. This commenter suggested the runway expansion
would not affect the known Lomatium cookii population located within
the Airport and therefore mitigation would only be undertaken to offset
impacts to critical habitat.
Our Response: As described on pages 3-1 and 3-2 of the final
economic analysis, all proposed critical habitat in Jackson County is
vernal pool habitat over which the U.S. Army Corps of Engineers (USACE)
maintains jurisdiction. As such, any development project within vernal
pool habitat in Jackson County must meet the USACE requirements for a
section 404 permit under the Clean Water Act (33 U.S.C. 1251 et seq.);
this requirement is in effect regardless of critical habitat
designation.
The final economic analysis concludes that conservation efforts
taken to avoid adverse impacts to vernal pool habitat, as required by
the USACE, will also benefit Limnanthes floccosa ssp. grandiflora and
Lomatium cookii. Furthermore, the incremental impacts identified in the
final economic analysis arose solely from administrative costs
associated with the additional effort to address adverse modification
during future section 7 consultations.
Minimization and mitigation conservation efforts undertaken under
section 404 of the Clean Water Act are not expected to change following
the designation of critical habitat. The economic analysis quantifies
the impacts of conservation and mitigation efforts for a section 404
permit associated with the planned expansion of the Medford airport,
and appropriately assigns these impacts to the baseline, as they would
be required for the 404 permit even absent the designation of critical
habitat. As described in section 3.4 of the final economic analysis,
the Service considers the baseline conservation afforded the plants due
to the USACE 404 permit mitigation requirements sufficient to avoid
destruction or adverse modifications of critical habitat. Thus, the
Service does not anticipate recommending additional conservation
actions following the designation of critical habitat, and incremental
impacts are limited to administrative costs of consultation to address
adverse modification.
(27) Comment: One commenter asserted that the potential effects of
critical habitat designation on phytomining operations, or extraction
of minerals from propagated plant material, should be considered in the
economic analysis. The commenter mentioned that phytomining is
beneficial to Lomatium cookii because it reduces competing grasses.
Our Response: We did not include a discussion of the phytomining
practice in the proposed rule because this practice is not known to be
in operation within any of the proposed Illinois River Valley critical
habitat units. The two native grasses that are associated with Lomatium
cookii habitat in the Illinois River Valley (Deschampsia cespitosa and
Danthonia californica) do not cause competition problems for the
species. In addition, Lomatium cookii often occurs in non-serpentine
derived soils that would not be desirable for phytomining operations.
Section 6.6.3 of the final economic analysis describes phytomining
operations in the vicinity of the proposed critical habitat. The two
species used in phytomining operations (Alyssum murale and Alyssum
corsicum) were listed as State noxious weeds by the Oregon Department
of Agriculture in 2009, resulting in a Statewide prohibition against
their import into Oregon and their transport, sale, and propagation.
Under current State regulation, phytomining activities are prohibited
Statewide, including within the designated critical habitat area. The
designation of critical habitat is therefore not expected to affect
phytomining operations.
Summary of Changes from Proposed Rule
In preparing this critical habitat designation for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii, we reviewed and
considered all comments received on the proposed designation of
critical habitat published on July 28, 2009 (74 FR 37314), and comments
on the draft economic analysis we made
[[Page 42498]]
available on January 12, 2010 (75 FR 1568). As a result of all comments
we received on the proposed rule and the draft economic analysis, we
made changes to our proposed designation. These changes are summarized
as follows:
In Jackson County, we adjusted the boundaries of some of the
proposed critical habitat units to remove those areas that we
determined do not provide the PCEs to either Limnanthes floccosa ssp.
grandiflora or Lomatium cookii, resulting in reduced area in seven of
the units (RV2, RV3, RV4, RV6, RV7, RV8, and RV9). The final critical
habitat designation in Jackson County represents a reduction of 198 ha
(487 ac) for Limnanthes floccosa ssp. grandiflora and a reduction of
122 ha (307 ac) for Lomatium cookii from what we proposed.
In Josephine County, we removed those areas from the proposed
critical habitat units that we determined do not provide the PCEs to
Lomatium cookii, resulting in a reduction in size in five of the units
(IV1, IV2, IV6, IV8, and IV12). We included additional areas that we
determined provide the PCEs for Lomatium cookii, resulting in the
expansion of five of the units (IV3, IV4, IV5, IV11, and IV13); all
area increases are entirely on Federal (BLM) lands. As mentioned in our
response to Comment 24, the additional specific areas on BLM lands
meets the selection criteria for critical habitat as described in our
proposed rule, and the additional area falls within currently described
critical habitat units; therefore, we consider the addition of these
Federal lands to be within the scope of the proposed critical habitat
designation. Through discussions with BLM and information provided by
BLM, we determined that including a portion of these areas within the
critical habitat designation will not impact any timber sales, grazing
leases, active mining claims, or other activities on BLM lands, and
will not alter the economic analysis of the proposed designation. The
new areas recommended for inclusion in the designation by the BLM are
all either designated as ACECs or proposed as ACECs.
We eliminated Unit IV14, proposed critical habitat for Lomatium
cookii, from the designation for two reasons: First, because we
determined from BLM documentation that the habitat was not occupied by
Lomatium cookii; second, after review of updated aerial photography and
a recent site visit to the proposed unit, we found the habitat features
do not meet our selection criteria. We incorporated one small portion
of proposed Unit IV14 that does provide the PCEs for Lomatium cookii
into Unit IV13. The final critical habitat designation for Lomatium
cookii in Josephine County thus represents a reduction of 208 ha (514
ac) from what we proposed.
We are finalizing the following final critical habitat designation
in accordance with section 4(b)(2) of the Act.
Table 1--Final rule critical habitat unit changes in hectares (acres) for Limnanthes floccosa ssp. grandiflora
in Jackson County (totals are rounded).
----------------------------------------------------------------------------------------------------------------
Units Proposed rule ha (ac) Final rule ha (ac) Change ha (ac)
----------------------------------------------------------------------------------------------------------------
RV1 8 (20) 8 (20) ......
----------------------------------------------------------------------------------------------------------------
RV2 84 (207) 69 (169) - 15 (38)
----------------------------------------------------------------------------------------------------------------
RV3 539 (1,331) 490 (1,210) - 49 (121)
----------------------------------------------------------------------------------------------------------------
RV4 245 (605) 243 (600) - 2 (5)
----------------------------------------------------------------------------------------------------------------
RV5 49 (122) 49 (122) ......
----------------------------------------------------------------------------------------------------------------
RV6 848 (2,095) 740 (1,829) - 108 (266)
----------------------------------------------------------------------------------------------------------------
RV7 426 (1,053) 421 (1,039) - 5 (14)
----------------------------------------------------------------------------------------------------------------
RV8 362 (896) 344 (850) - 18 (46)
----------------------------------------------------------------------------------------------------------------
Total 2,561 (6,327) 2,363 (5,840) - 198 (487)
----------------------------------------------------------------------------------------------------------------
Table 2--Final rule critical habitat unit changes in hectares (acres) for Lomatium cookii in Jackson County
(totals are rounded).
----------------------------------------------------------------------------------------------------------------
Units Proposed rule ha (ac) Final rule ha (ac) Change ha (ac)
----------------------------------------------------------------------------------------------------------------
RV6 608 (1,503) 546 (1,349) - 62 (154)
----------------------------------------------------------------------------------------------------------------
RV8 362 (895.5) 344 (850) - 18 (45.5)
----------------------------------------------------------------------------------------------------------------
RV9 76 (190) 34 (83) - 42 (107)
----------------------------------------------------------------------------------------------------------------
Total 1,046 (2,589) 924 (2,282) - 122 (307)
----------------------------------------------------------------------------------------------------------------
[[Page 42499]]
Table 3--Final rule critical habitat unit changes in hectares (acres) for Lomatium cookii in Josephine County
(totals are rounded).
----------------------------------------------------------------------------------------------------------------
Proposed listing ha
Units (ac) Final listing ha (ac) Change ha (ac)
----------------------------------------------------------------------------------------------------------------
IV1 53 (132) 35 (85) - 18 (47)
----------------------------------------------------------------------------------------------------------------
IV2 39 (97) 28 (70) - 11 (27)
----------------------------------------------------------------------------------------------------------------
IV3 105 (260) 152 (374) + 47 (114)
----------------------------------------------------------------------------------------------------------------
IV4 69 (170) 83 (204) + 14 (37)
----------------------------------------------------------------------------------------------------------------
IV5 158 (391) 165 (407) + 7 (16)
----------------------------------------------------------------------------------------------------------------
IV6 209 (516) 182 (449) - 27 (67)
----------------------------------------------------------------------------------------------------------------
IV7 55 (136) 55 (136) .....
----------------------------------------------------------------------------------------------------------------
IV8 348 (859) 234 (579) - 114 (280)
----------------------------------------------------------------------------------------------------------------
IV9 12 (30) 12 (30) .....
----------------------------------------------------------------------------------------------------------------
IV10 45 (110) 45 (110) .....
----------------------------------------------------------------------------------------------------------------
IV11 61 (152) 118 (292) + 57 (140)
----------------------------------------------------------------------------------------------------------------
IV12 617 (1,524) 492 (1,216) - 125 (308)
----------------------------------------------------------------------------------------------------------------
IV13 18 (45) 22 (54) + 4 (9)
----------------------------------------------------------------------------------------------------------------
IV14 40 (100) 0 (0) - 40 (100)
----------------------------------------------------------------------------------------------------------------
Total 1,829 (4,521) 1,621 (4,007) - 208 (514)
----------------------------------------------------------------------------------------------------------------
Critical Habitat
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by a
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by a
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided under the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the prohibition against Federal agencies carrying out, funding,
or authorizing the destruction or adverse modification of critical
habitat. Section 7(a)(2) of the Act requires consultation on Federal
actions that may affect critical habitat. The designation of critical
habitat does not affect land ownership or establish a refuge,
wilderness, reserve, preserve, or other conservation area. Such
designation does not allow the government or public to access private
lands. Such designation does not require implementation of restoration,
recovery, or enhancement measures by non-Federal landowners. Where a
landowner seeks or requests Federal agency funding or authorization for
an action that may affect a listed species or critical habitat, the
consultation requirements of section 7(a)(2) of the Act would apply,
but even in the event of a destruction or adverse modification finding,
Federal action agency's and the applicant's obligation is not to
restore or recover the species, but to implement reasonable and prudent
alternatives to avoid destruction or adverse modification of critical
habitat.
For inclusion in a critical habitat designation, the habitat within
the geographical area occupied by the species at the time it was listed
must contain the physical or biological features essential to the
conservation of the species, and be included only if those features may
require special management considerations or protection. Critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, habitat areas that provide
essential life cycle needs of the species (areas on which are found the
physical or biological features laid out in the appropriate quantity
and spatial arrangement for the conservation of the species). Under the
Act and regulations at 50 CFR 424.12, we can designate critical habitat
in areas outside the geographical area occupied by the species at the
time it is listed only when we determine that those areas are essential
for the conservation of the species and that designation limited to
those areas occupied at the time of listing would be inadequate to
ensure the conservation of the species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific and commercial data available.
Further, our Policy on Information Standards Under the Endangered
Species Act (published in the Federal Register on July 1, 1994 (59 FR
34271)), the Information Quality Act (section 515 of the Treasury and
General Government Appropriations Act for
[[Page 42500]]
Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), and our associated
Information Quality Guidelines, provide criteria, establish procedures,
and provide guidance to ensure that our decisions are based on the best
scientific data available. They require our biologists, to the extent
consistent with the Act and with the use of the best scientific data
available, to use primary and original sources of information as the
basis for recommendations to designate critical habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information developed during the listing process for the species.
Additional information sources may include the recovery plan for the
species, articles in peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, or other unpublished materials and
expert opinion or personal knowledge.
Habitat is often dynamic, and species may move from one area to
another over time. Furthermore, we recognize that critical habitat
designated at a particular point in time may not include all of the
habitat areas that we may later determine are necessary for the
recovery of the species. For these reasons, a critical habitat
designation does not signal that habitat outside the designated area is
unimportant or may not be required for recovery of the species.
Areas that are important to the conservation of the species, but
are outside the critical habitat designation, will continue to be
subject to conservation actions we implement under section 7(a)(1) of
the Act. Areas that support populations are also subject to the
regulatory protections afforded by the section 7(a)(2) jeopardy
standard, as determined on the basis of the best available scientific
information at the time of the agency action. Federally funded or
permitted projects affecting listed species outside their designated
critical habitat areas may still result in jeopardy findings in some
cases. Similarly, critical habitat designations made on the basis of
the best available information at the time of designation will not
control the direction and substance of future recovery plans, habitat
conservation plans (HCPs), or other species conservation planning
efforts if new information available at the time these planning efforts
calls for a different outcome.
Physical and Biological Features
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12, in determining which areas within the geographical area
occupied at the time of listing to designate as critical habitat, we
consider the physical or biological features essential to the
conservation of the species that may require special management
considerations or protection. These include, but are not limited to:
(1) Space for individual and population growth, and for normal
behavior;
(2) Food, water, air, light, minerals, or other nutritional or
physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, rearing (or development) of
offspring, germination, or seed dispersal; and
(5) Habitats that are protected from disturbance or are
representative of the historical, geographical, and ecological
distributions of a species.
The appropriate quantity and spatial arrangement of the principal
biological or physical features within the defined area essential to
the conservation of the species comprise the ``primary constituent
elements'' (PCEs) of critical habitat. As defined by our implementing
regulations at 50 CFR 424.12(b)), these primary constituent elements
may include, but are not limited to, features such as roost sites,
nesting grounds, spawning sites, feeding sites, seasonal wetlands or
drylands, water quality and quantity, host species or plant
pollinators, geological formations, vegetation types, tides, and
specific soil types.
We derived the specific PCEs required for Limnanthes floccosa ssp.
grandiflora and Lomatium cookii from the biological needs of the
species as described in the proposed rule to designate critical habitat
published in the Federal Register on July 28, 2009 (74 FR 37314), the
Background section of this final rule, and the information presented
below. Additional information can also be found in the final listing
rule published in the Federal Register on November 7, 2002 (67 FR
68004) and the Draft Recovery Plan for Listed Species of the Rogue
Valley Vernal Pool and Illinois River Valley Wet Meadow Ecosystems
(USFWS 2006, pp. II-1 to II-17).
Limnanthes floccosa ssp. grandiflora and Lomatium cookii are both
found in the vernal pool-mounded prairie and other ephemeral wetland
habitats of the Rogue River Valley. However, Lomatium cookii is also
found in an area characterized by very different physical or biological
features in the Illinois River Valley, where it is found in seasonally
wet meadows and openings in mixed-conifer forest. Because of this
difference in the physical or biological features used by Lomatium
cookii in these two different areas, we organized the PCEs by
geographic area and present them separately for each of the plant
species in the Rogue River Valley and the Illinois River Valley.
Rogue River Valley
Space for Individual and Population Growth, Germination, and Seed
Dispersal
In the Rogue River Valley, Limnanthes floccosa ssp. grandiflora and
Lomatium cookii both occur on vernal pool-mounded prairie and other
ephemeral wetland habitats underlain by relatively undisturbed subsoils
subject to periodic inundation (Borgias 2004, pp. 17-20; ONHDB 1994,
pp. 9-10). In the Rogue River Valley, both species occur primarily in
an area known as the Agate Desert, in low-gradient mounded habitat that
supports a mosaic of low-growing native grasses and forbs and an
absence of dense canopy vegetation. The pools typically fill during the
winter rains and retain a wetted perimeter until late April. In years
with higher than average winter rainfall, more depressions fill, and
individual pools that are separate in dry years may merge together
(Borgias 2004, p. 32). The dominant native grasses and forbs associated
with vernal pool-mounded prairie habitat occupied by Limnanthes
floccosa. ssp. grandiflora and Lomatium cookii include: Alopecurus
saccatus, Deschampsia danthonioides, Eryngium petiolatum, Lasthenia
californica, Myosurus minimus, Navarretia leucocephala ssp.
leucocephala, Phlox gracilis, Plagiobothrys bracteatus, Trifolium
depauperatum, and Triteleia hyacinthina. In the Rogue River Valley,
vernal pool-mounded prairie habitats occupied by Lomatium cookii, range
from 372 to 411 m (1,220 to 1,350 ft) in elevation. In the same
habitat, Limnanthes floccosa ssp. grandiflora occurrences range from
372 to 469 m (1,220 to 1,540 ft) in elevation (USGS 2002).
These specific habitats and hydrological regimes provide the
conditions essential for the growth and survival of Limnanthes floccosa
ssp. grandiflora and Lomatium cookii and for the successful production,
germination, and dispersal of seeds.
[[Page 42501]]
Slope
In the Rogue River Valley, Limnanthes floccosa ssp. grandiflora and
Lomatium cookii occur almost exclusively on low-gradient and flat
terrains, not typically exceeding 3 percent slope (USDA 2006b). In the
Rogue River Valley, they occur predominately in Agate-Winlo complex
soils mapped at 0 to 3 percent slope.
Water and Nutritional or Physiological Requirements
Vernal pools typically become inundated or saturated during winter
rains and hold water for sufficient lengths of time for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii to germinate, grow, and
reproduce. Periodically, this geographic area may experience drought,
and rainfall may be insufficient to fill pools. The composition of the
plant community can vary from year to year depending on the timing and
amount of annual rainfall and the type of land management on the site
(Borgias 2004, p. 16). The vernal pools and wet meadow soils where the
two plants occur are dry during the summer but become saturated with
water in the winter and spring nearly every year. The water regime is
important for the sustenance of the two plants and for their ability to
germinate, persist, and grow in wet conditions during the winter
months.
Vernal pool habitats, ephemeral swales, seasonally wet meadows, and
streamside habitats occupied by Limnanthes floccosa ssp. grandiflora
and Lomatium cookii in the Rogue River Valley can be characterized as
seasonal wetlands. The habitats are dominated by mostly obligate or
facultative wetland vegetation. The Lomatium cookii occurrences at
Rough and Ready Creek, the Rogue Valley International-Medford Airport,
and a potentially introduced population at Woodcock Creek are clearly
not wetlands but appear to have high clay content in the soil (Kagan
1994, p. 10; Silvernail and Meinke 2008, p. 31). The meadows at these
sites may have enough of a clay component so that they would be
seasonally wet (ONHDB 1994, p. 10).
The moisture and other nutritional or physiological requirements
afforded by these sites provide the essential requirements for the
growth, germination, reproduction, and successful seed dispersal of
Limnanthes floccosa ssp. grandiflora and Lomatium cookii.
Soil
The soil types in the Agate Desert of the Rogue River Valley
typically occupied by both Limnanthes floccosa ssp. grandiflora and
Lomatium cookii are Agate-Winlo or Provig-Agate soils. Soils from
Lomatium cookii habitat in the Rogue River Valley had higher
concentrations of calcium, nitrogen, phosphorus, potassium, manganese,
iron, and boron relative to soils utilized by the species in the
Illinois River Valley. Soils from the two population centers had
similar pH, cation exchange capacity, and percent sand, silt, or clay
content (Silvernail and Meinke 2008, p. 30).
Habitats Protected from Disturbance
Protection from Development
In the Rogue River Valley, disturbance in the form of development
is a major factor in the loss or degradation of habitat for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii. Residential or
commercial development can directly eliminate or fragment essential
habitat for both species, causing declines in distribution and numbers.
Agricultural development, such as ripping (a form of deep tilling that
potentially undermines the hardpan layer of the soil), water diversion,
and water impoundment can also eliminate habitat for the two plant
species. Development can indirectly cause increases in nonnative plants
in the habitat, in turn decreasing pollinators, habitat for pollinator
species, and seed production of many native vernal pool plants (Thorp
and Leong 1998, pp. 169-179). Limnanthes floccosa ssp. grandiflora and
Lomatium cookii face immediate threats from urban and commercial
development in the expanding Medford and White City metropolitan areas
in the Rogue River Valley. Protected habitat is therefore of crucial
importance for the growth and dispersal of these two species.
Based on aerial imagery and ONHIC information, isolated habitat
areas (at least 0.6 mi (1 km) from the next nearest area of appropriate
habitat) that appear to provide sufficient area for plant populations
to expand, in conjunction with continuous non-fragmented Limnanthes
floccosa ssp. grandiflora and Lomatium cookii occupied habitat, were
typically greater than 8 ha (20 ac). Habitat areas of this minimum size
provide protection from adjacent development and weed sources and
contained intact hydrology (USDA 2009). This is also the size of the
smallest isolated vernal pool-mounded prairie area that is known to
support Limnanthes floccosa ssp. grandiflora (ONHIC 2008). Furthermore,
based on aerial imagery, habitat areas that appeared to provide
sufficient protection and continuous, non-fragmented habitat covered at
least 8 ha (20 ac).
Protection from Invasive, Nonnative Plants
Invasive, nonnative species and their subsequent thatch may
overtake Limnanthes floccosa ssp. grandiflora and Lomatium cookii and
reduce space available for both listed plants' growth (Borgias 2004, p.
45); therefore, the listed plants require microhabitats free of exotic
or native invasive competitors. In the Rogue River Valley, invasive,
nonnative plants or their thatch layers that compromise survival of the
two listed species include: Centaurea solstitialis, Cardaria draba,
Hordeum marinum ssp. gussoneanum, and Taeniantherum caput-medusae
(medusahead).
Illinois River Valley
Space for Individual and Population Growth, Germination, and Seed
Dispersal
In the Illinois River Valley, Lomatium cookii occurs partially in
alluvial meadows underlain by relatively undisturbed, ultramafic soils
subject to winter inundation from rainfall, seasonal flooding, and
overland drainage (ONHDB 1994, pp. 9-10). Lomatium cookii has also been
found in mixed-conifer forest openings on slopes and along roadside
edges in shrubby habitat where the soil is not subject to prolonged
inundation. The seasonally wet meadows, occurring within Quercus
garryana-Quercus kelloggii-Pinus ponderosa forest openings, are
dominated by native grasses and forbs including: Achnatherum lemmonii,
Camassia spp., Danthonia californica, Deschampsia cespitosa, Festuca
roemeri, Poa secunda, Ranunculus occidentalis, and Limnanthes gracilis
var. gracilis (ONHDB 1994, p. 9). Widely spaced, large pine trees are
characteristic of the open meadow habitat with some mixed pine and oak
woodlands occurring along seasonal creeks. In addition, Arbutus
menziesii, Arctostaphylos viscida, and Ceanothus cuneatus are
components of the shrubby plant community. In the Illinois River Valley
area, Lomatium cookii can be found from 383 to 488 m (1,256 to 1,600
ft) in elevation (USGS 2009).
Slope
Most Illinois River Valley Lomatium cookii occurrences are found on
a variety of soils that range from 0 to 8 percent slope (ONHIC 2008;
USDA 2008). However, a few of the Lomatium cookii sites in the Illinois
River Valley
[[Page 42502]]
are on terrains with soils mapped up to 40 percent slope (ONHIC 2008).
Water and Nutritional or Physiological Requirements
A portion of Lomatium cookii habitat in the Illinois River Valley
typically becomes inundated or saturated during winter rains enabling
the plant to germinate, grow, and reproduce; other habitat areas in
sloped, mixed conifer habitats do not become inundated, but receive
sufficient moisture from rainfall to maintain conditions that support
the species. Rainfall in the Illinois River Valley averages 152
centimeters (60 inches) per year. Periodically, this geographic area
may experience extreme droughts. The composition of the plant community
can vary from year to year depending on the timing and amount of annual
rainfall and the type of land management on the site (ONHDB 1994, p.
9).
Soil
Soils in the Illinois River Valley occupied by Lomatium cookii may
include Abegg gravelly loam, Brockman clay loam, Copsey clay, Cornutt-
Dubakel complex, Dumps, Eightlar extremely stony clay, Evans loam,
Foehlin gravelly loam, Josephine gravelly loam, Kerby loam, Newberg
fine sandy loam, Pearsoll-Rock outcrop complex, Pollard loam,
Riverwash, Speaker-Josephine gravelly loam, Takilma cobbly loam, or
Takilma Variant extremely cobbly loam. The majority of Lomatium cookii
occurrences in the Illinois River Valley are found on Brockman clay
loam, Josephine gravelly loam, and Pollard loam (USDA 2008). In a soil
analysis conducted by Silvernail and Meinke (2008, p. 30), samples from
ultramafic Lomatium cookii habitat in the Illinois River Valley had
high concentrations of magnesium, nickel, chromium, cobalt, zinc, and
copper and a high percent magnesium saturation.
Habitats Protected from Disturbance
Protection from Development
Mining (and its associated habitat impacts) is the major threat in
the Illinois River Valley for Lomatium cookii. Mining activities can
result in the loss or degradation of habitat for this plant.
Residential or commercial development is not as widespread or prevalent
in the Illinois River Valley as in the Rogue River Valley, but they can
directly eliminate or fragment essential habitat for the plant, causing
declines in distribution and numbers. Development can indirectly cause
increases in nonnative plants in the habitat, in turn decreasing
pollinators, habitat for pollinator species, and seed production of
many native vernal pool plants (Thorp and Leong 1998, pp. 169-179).
Protected habitat is therefore of crucial importance for the growth and
dispersal of Lomatium cookii.
Based on aerial imagery and ONHIC information, isolated habitat
areas that appear to provide sufficient protection and continuous, non-
fragmented Lomatium cookii habitat covered at least 8 ha (20 ac).
Isolated habitat areas of this minimum size provide protection from
adjacent development and weed sources and contained intact hydrology.
We did not identify any isolated areas for critical habitat units
smaller than this size in the Illinois River Valley.
Protection from Invasive, Nonnative Plants
The encroachment of nonnative plants contributes to the degradation
of habitat and can affect Lomatium cookii through competitive
exclusion; grasses in particular may hinder germination or growth of
the plant by the production of a dense thatch layer. Lomatium cookii
requires habitats free of exotic or invasive plant competitors. In the
Illinois River Valley, common introduced grasses in the grazed pastures
in and around Lomatium cookii habitat include: Bromus sp. (brome),
Festuca arundinacea (tall fescue), Dactylis glomerata (orchard grass),
Taeniantherum caput-medusae, and Poa pratensis (Kentucky bluegrass). In
addition, the recently introduced nonnative, invasive species Alyssum
murale and A. corsicum threaten Lomatium cookii in this area (ODA and
FS 2008, pp. 1-3).
Primary Constituent Elements for Limnanthes floccosa ssp. grandiflora
and Lomatium cookii
Under the Act and its implementing regulations, we are required to
identify the known physical or biological features, or PCEs, essential
to the conservation of Limnanthes floccosa ssp. grandiflora and
Lomatium cookii, which may require special management considerations or
protection. All areas designated as critical habitat for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii were occupied at the time
of listing, are within the species' historical geographic range, and
provide sufficient PCEs to support at least one life-history function.
Limnanthes floccosa ssp. grandiflora
Based on our current knowledge of the life history, biology, and
ecology of the species and the characteristics of the habitat necessary
to sustain the essential life history functions of the species, we
determined that the PCEs for Limnanthes floccosa ssp. grandiflora
critical habitat are:
(1) Vernal pools or ephemeral wetlands and the adjacent upland
margins of these depressions that hold water for a sufficient length of
time to sustain Limnanthes floccosa ssp. grandiflora germination,
growth, and reproduction, occurring in the Rogue River Valley vernal
pool landscape (ONHP 1997, p. 3). These vernal pools or ephemeral
wetlands are seasonally inundated during wet years but do not
necessarily fill with water every year due to natural variability in
rainfall, and support native plant populations. Areas of sufficient
size and quality are likely to have the following characteristics:
Elevations from 372 to 469 m (1,220 to 1,540 ft);
Associated dominant native plants including, but not limited
to: Alopecurus saccatus, Deschampsia danthonioides, Eryngium
petiolatum, Lasthenia californica, Myosurus minimus, Navarretia
leucocephala ssp. leucocephala, Phlox gracilis, Plagiobothrys
bracteatus, Trifolium depauperatum, and Triteleia hyacinthina.
A minimum area of 8 ha (20 ac) to provide intact hydrology and
protection from development and weed sources.
(2) The hydrologically and ecologically functional system of
interconnected pools, ephemeral wetlands, or depressions within a
matrix of surrounding uplands that together form vernal pool complexes
within the greater watershed. The associated features may include the
pool basin or depressions; an intact hardpan subsoil underlying the
surface soils up to 0.75 m (2.5 ft) in depth; and surrounding uplands,
including mound topography and other geographic and edaphic features,
that support these systems of hydrologically interconnected pools and
other ephemeral wetlands (which may vary in extent depending on site-
specific characteristics of pool size and depth, soil type, and hardpan
depth).
(3) Silt, loam, and clay soils that are of alluvial origin, with a
0 to 3 percent slope, primarily classified as Agate-Winlo complex
soils, but also including Coker clay, Carney clay, Provig-Agate complex
soils, and Winlo very gravelly loam soils.
(4) No or negligible presence of competitive, nonnative, invasive
plant species. Negligible is defined for the purpose of this rulemaking
as a minimal level of nonnative plant species that
[[Page 42503]]
will still allow Limnanthes floccosa ssp. grandiflora to continue to
survive and recover.
The need for space for individual and population growth,
germination, seed dispersal, and reproduction is provided by PCEs 1 and
4; the need for soil moisture for growth, germination, reproduction,
and seed dispersal is provided by PCE 2 (but not necessarily every
year); the need for other nutritional or physiological requirements for
the species is met by PCE 3; habitat free from disturbance that allows
for sufficient reproduction and survival opportunities is provided by
PCEs 1 and 4. All of the above described PCEs do not have to occur
simultaneously within a unit for the unit to constitute critical
habitat for Limnanthes floccosa ssp. grandiflora.
Lomatium cookii
Based on our current knowledge of the life history, biology, and
ecology of Lomatium cookii and the characteristics of the habitat
necessary to sustain the essential life history functions of the
species, we determined that the PCEs for the species' critical habitat
are:
(1) In the Rogue River Valley:
(A) Vernal pools and ephemeral wetlands and depths and the adjacent
upland margins of these depressions that hold water for a sufficient
length of time to sustain Lomatium cookii germination, growth, and
reproduction. These vernal pools or ephemeral wetlands support native
plant populations and are seasonally inundated during wet years but do
not necessarily fill with water every year due to natural variability
in rainfall. Areas of sufficient size and quality are likely to have
the following characteristics:
Elevations from 372 to 411 m (1,220 to 1,350 ft);
Associated dominant native plants including, but not limited
to: Alopecurus saccatus, Achnatherum lemmonii, Deschampsia
danthonioides, Eryngium petiolatum, Lasthenia californica, Myosurus
minimus, Navarretia leucocephala ssp. leucocephala, Phlox gracilis,
Plagiobothrys bracteatus, Trifolium depauperatum, and Triteleia
hyacinthina; and
A minimum area of 8 ha (20 ac) to provide intact hydrology and
protection from development and weed sources.
(B) The hydrologically and ecologically functional system of
interconnected pools or ephemeral wetlands or depressions within a
matrix of surrounding uplands that together form vernal pool complexes
within the greater watershed. The associated features may include the
pool basin and ephemeral wetlands; an intact hardpan subsoil underlying
the surface soils up to 0.75 m (2.5 ft) in depth; and surrounding
uplands, including mound topography and other geographic and edaphic
features that support systems of hydrologically interconnected pools
and other ephemeral wetlands (which may vary in extent depending on
site-specific characteristics of pool size and depth, soil type, and
hardpan depth).
(C) Silt, loam, and clay soils that are of ultramafic and
nonultramafic alluvial origin, with a 0 to 3 percent slope, classified
as Agate-Winlo or Provig-Agate soils.
(D) No or negligible presence of competitive, nonnative invasive
plant species. Negligible is defined for the purpose of this rulemaking
as a minimal level of nonnative plant species that will still allow
Lomatium cookii to continue to survive and recover.
(2) In the Illinois River Valley:
(A) Wet meadows in oak and pine forests, sloped mixed-conifer
openings, and shrubby plant communities that are seasonally inundated
and support native plant populations. Areas of sufficient size and
quality are likely to have the following characteristics:
Elevations from 383 to 488 m (1,256 to 1,600 ft);
Associated dominant native plants including, but not limited
to: Achnatherum lemmonii, Arbutus menziesii, Arctostaphylos viscida,
Camassia spp., Ceanothus cuneatus, Danthonia californica, Deschampsia
cespitosa, Festuca roemeri var. klamathensis, Poa secunda, Ranunculus
occidentalis, and Limnanthes gracilis var. gracilis;
Occurrence primarily in bottomland Quercus garryana-Quercus
kelloggii-Pinus ponderosa (Oregon white oak-California black oak-
ponderosa pine) forest openings along seasonal creeks; and
A minimum area of 8 ha (20 ac) to provide intact hydrology and
protection from development and weed sources.
(B) The hydrologically and ecologically functional system of
streams, slopes, and wooded systems that surround and maintain
seasonally wet alluvial meadows underlain by relatively undisturbed
ultramafic soils within the greater watershed.
(C) Silt, loam, and clay soils that are of ultramafic and
nonultramafic alluvial origin, with a 0 to 40 percent slope, classified
as Abegg gravelly loam, Brockman clay loam, Copsey clay, Cornutt-
Dubakel complex, Dumps, Eightlar extremely stony clay, Evans loam,
Foehlin gravelly loam, Josephine gravelly loam, Kerby loam, Newberg
fine sandy loam, Pearsoll-Rock outcrop complex, Pollard loam,
Riverwash, Speaker-Josephine gravelly loam, Takilma cobbly loam, or
Takilma Variant extremely cobbly loam.
(D) No or negligible presence of competitive, nonnative invasive
plant species. Negligible is defined for the purpose of this rulemaking
as a minimal level of nonnative plant species that will still allow
Lomatium cookii to continue to survive and recover.
The need for space for individual and population growth,
germination, seed dispersal, and reproduction is provided by PCEs 1(A),
2(A), 1(D), and 2(D); the need for soil moisture for growth,
germination, reproduction, and seed dispersal is provided by PCEs 1(B)
and 2(B)(but not necessarily every year); the need for other
nutritional or physiological requirements for the species is provided
by PCE 1(C) and 2(C); the need for habitat free from disturbance that
allows for sufficient reproduction and survival opportunities is
provided by PCEs 1(A), 2(A), 1(D), and 2(D). All of the above described
PCEs do not have to occur simultaneously within a unit for the unit to
constitute critical habitat for Lomatium cookii.
With this designation of critical habitat, we intend to conserve
the physical or biological features that are essential to the
conservation of these species, through the identification of the
appropriate quantity and spatial arrangement of the PCEs sufficient to
support the life history functions of Limnanthes floccosa ssp.
grandiflora and Lomatium cookii. Each of the areas designated as
critical habitat contain the PCEs in the appropriate quantity and
spatial arrangement essential to the conservation of the species and
provide for one or more of the life history functions of Limnanthes
floccosa ssp. grandiflora and Lomatium cookii. As stated above, all of
the PCEs described above do not have to occur simultaneously within a
unit for the unit to constitute critical habitat.
Special Management Considerations or Protections
When designating critical habitat, we assess whether the specific
areas within the geographical area occupied by the species at the time
of listing contain the features that are essential to the conservation
of the species and that may require special management considerations
or protection. All areas we are designating as critical habitat
[[Page 42504]]
require some level of management to address current and future threats
to Limnanthes floccosa ssp. grandiflora and Lomatium cookii, to
maintain or enhance the physical or biological features essential to
their conservation, and to ensure the recovery and survival of these
species.
The major threats to the PCEs in the areas identified as critical
habitat for Limnanthes floccosa ssp. grandiflora and Lomatium cookii
include: development on private lands; mining activities; ground
disturbance that affects surface hydrology, including ORV use and road
construction or maintenance activities; incompatible agricultural and
grazing practices; garbage dumping; the succession of meadow habitat to
forested habitat due to fire suppression; and encroachment and
displacement by nonnative plants. Herbivory by voles may also affect
Lomatium cookii in the Illinois River Valley. In all of the units in
Jackson County, special management is needed to reduce or eradicate the
threats posed by development, habitat fragmentation, ground disturbance
that affects surface hydrology, and incompatible grazing practices. In
all of the units in Josephine County, special management is needed to
reduce or eradicate the threats posed by development, ORV use, mining
activities, garbage dumping, and woody vegetative succession. Please
refer to the unit descriptions in the Critical Habitat Designation
section for further discussion of special management considerations or
protection of the PCEs related to geographically specific threats to
Limnanthes floccosa ssp. grandiflora and Lomatium cookii.
In addition, for all units, special management is needed to control
and monitor the encroachment of nonnative, invasive plant species to
maintain intact vernal pool-mounded prairies and wet meadow ecosystems
such that they can continue to support populations of Limnanthes
floccosa ssp. grandiflora and Lomatium cookii.
Special management considerations or protection of the vernal pool-
mounded prairies and wet meadow habitats that may be needed to support
reproduction and growth of Limnanthes floccosa ssp. grandiflora and
Lomatium cookii include: controlled burning and vegetation clearing to
maintain early seral stages (early stages of plant succession in the
progression toward a climax community); control of nonnative, invasive
plant species; grazing management; the re-establishment of hydrology;
re-seeding with native plants; monitoring; and protection from
development (Borgias 2004, pp. 47-53; ONHDB 1994, pp. 13-20).
Criteria Used To Identify Critical Habitat
As required by section 4(b) of the Act, we used the best scientific
data available to designate critical habitat for Limnanthes floccosa
ssp. grandiflora and Lomatium cookii. We reviewed available information
that pertains to the habitat requirements of these species to determine
those areas that contain the physical or biological features essential
to the conservation of the species. Important sources of information
included, but were not limited to, the proposed rule to designate
critical habitat for these species (74 FR 37314); the proposed (65 FR
30941; May 15, 2000) and final (67 FR 68004; November 7, 2002) rules to
list these species; the draft recovery plan (USFWS 2006); data
contained in reports prepared for or by the U.S. Bureau of Land
Management (BLM) (1999 through 2008), the Oregon Department of
Agriculture's (ODA) Native Plant Conservation Program (2007-2008), and
The Nature Conservancy (TNC) (1998 through 2008); discussions with
species experts including ODA, BLM, ONHIC, and TNC staff; data and
information presented in academic research theses; data provided by
ONHIC; Oregon State University herbarium records; and data submitted
during section 7 consultations. Additionally, we used regional
Geographic Information System (GIS) shape files for area calculations
and mapping, such as United States Department of Agriculture (USDA)
National Agriculture Imagery Program aerial imagery (USDA 2009), USDA
soil maps, and United States Geological Survey (USGS) contour maps
(USDA 2006a, 2006b, 2008; USGS 2002, 2009). We are not currently
designating as critical habitat any areas outside the geographical
range presently occupied by either Limnanthes floccosa ssp. grandiflora
or Lomatium cookii, because the draft recovery plan indicates that
recovery can be attained within the present range of each species
(USFWS 2006). Our regulations stipulate that critical habitat shall be
designated outside the areas (range) presently occupied by a species
only when a designation limited to its present range would be
inadequate to ensure the conservation of the species (50 CFR
424.12(e)).
The steps we used in identifying critical habitat are as follows:
(1) Our initial step was to determine, in accordance with section
3(5)(A)(i) of the Act and regulations in 50 CFR 424.12, the physical or
biological habitat features essential to the conservation of the
species and which may require special management considerations or
protection, as explained in the previous section.
(2) We identified areas occupied by Limnanthes floccosa ssp.
grandiflora and Lomatium cookii at the time of listing. Occupancy
status was determined using occurrence data from the ONHIC database
(ONHIC 2008), Medford BLM records (BLM 2005), a recent Limnanthes
floccosa ssp. grandiflora status report (Meyers 2008, pp. 1-65),
Service staff reports, data in reports submitted during section 7
consultations and by biologists holding section 10(a)(1)(A) recovery
permits, research published in peer-reviewed articles, research
presented in academic theses and agency reports, regional GIS
coverages, and the OSU herbarium record database (OSU 2007). We
determined occupancy at the time of listing by comparing survey and
collection information and descriptions of occupied areas in the final
listing rule published in the Federal Register on November 7, 2002 (67
FR 68004). At the time of the 2002 listing, 15 occurrences (sites) were
known for Limnanthes floccosa ssp. grandiflora and 36 occurrences
(sites) were known for Lomatium cookii (67 FR 68004).
Since the final listing rule was published, we learned of
additional areas that we determined were occupied at the time of
listing. Two such areas were known at the time of listing, but at that
time the species were thought to have been extirpated from those sites.
First identified in 1937, the two areas had no exact location
information (OSU 2007). Attempts were made to relocate the occurrences,
but these attempts were unsuccessful. However, in 2005, the two areas
were again found and each was occupied by a large number of Lomatium
cookii plants (C. Shohet, pers. comm. 2005). In addition, two other
sites occupied by Lomatium cookii were identified after the listing.
Although we were not aware of these occupied areas at the time of
listing, we determined that they were extant at the time due to limited
infrequent dispersal and establishment abilities by the plants (T.
Kaye, pers. comm. 2010).
Although various new occurrences have been identified since the
time of listing in 2002, only four occurrences of Lomatium cookii
correspond to new areas identified between the time of listing in 2002
and the year 2009 that we consider to have been occupied at the time of
listing. Currently, we know of 22 documented occurrences of Limnanthes
floccosa ssp. grandiflora and 37 documented occurrences of
[[Page 42505]]
Lomatium cookii that correspond to a total of 24 areas we consider to
have been occupied at the time of listing. Note that multiple
occurrences may comprise a single occupied area; hence, there will be a
greater number of occurrences than of occupied areas.
(3) We then considered areas identified as priority 1 and 2
recovery core areas in the draft recovery plan for the two species
(USFWS 2006) to determine which areas contain the PCEs in the amount
and spatial configuration essential to the conservation of the species.
We incorporated most areas identified as priority 1 and 2 recovery
areas in the draft recovery plan into this final designation. The one
exception is a site at the Medford Airport that was identified as a
recovery area for Limnanthes floccosa ssp. grandiflora in the draft
recovery plan, but that did not meet the size and quality criteria for
critical habitat, as described below, and thus is not included in this
final designation. In addition, the occurrence has not been relocated
for many years and is most likely extirpated.
(4) We removed any nonfunctional vernal pool-mounded prairie or
meadow habitat that was developed or degraded (not likely to contain
PCEs) to ensure critical habitat contains features essential to the
conservation of each of the species (USDA 2006; ESA 2007, pp. 3-2 to 3-
11). We also did not consider some isolated areas (at least 0.6 mi (1
km) distant from the next nearest area of appropriate habitat) of
vernal pool-mounded prairie or meadow, or mixed conifer areas
containing 10 or fewer reported individuals, as we observed that
occurrences of this size have a tendency to become extirpated due to:
(i) Lack of suitable habitat features (PCEs), (ii) lack of habitat
area, or (iii) proximity to development activities. We reviewed
occurrence information from ONHIC (2008) to substantiate this
observation.
We considered occurrences of such small size as not likely to occur
in habitats that provide the physical or biological features necessary
to support populations capable of persisting for the long term; thus,
such areas would not be essential to the conservation of either of the
two species.
(5) As a final step, we considered whether each of the areas
identified may need special management considerations or protections.
Our consideration of this factor is presented below.
Based on these criteria, we are designating 24 units as critical
habitat for the two species: 8 for Limnanthes floccosa ssp. grandiflora
and 16 for Lomatium cookii. Two of the 24 units are shared by both
species. After applying the above criteria, we mapped the critical
habitat unit boundaries at each of these 24 areas. We created maps
using aerial imagery, 7.5 minute topographic maps, and GIS contour
data. We used publicly available satellite imagery, for example, from
the National Agriculture Imagery Program (USDA 2009) to assist in
identifying areas that would provide the essential physical or
biological features for the species, using digital habitat signatures.
In addition, based on aerial imagery, when determining critical
habitat boundaries in this final rule we made every effort to avoid
including developed areas such as buildings, paved areas, and other
structures that lack the features essential to the conservation of
Limnanthes floccosa ssp. grandiflora or Lomatium cookii. We combined
the polygons generated by our mapping based on the criteria described
above with information from aerial photos to determine the final
critical habitat unit boundaries of each site. The scale of the maps we
prepared under the parameters for publication within the Code of
Federal Regulations may not reflect the exclusion of such developed
areas. Any such structures and the land under them inadvertently left
inside critical habitat boundaries shown on the maps of this final rule
have been excluded by text in the rule and are not included for
designation as critical habitat. Therefore, Federal actions limited to
these areas would not trigger section 7 consultation with respect to
critical habitat and the requirement of no destruction or adverse
modification, unless they may affect the species, or features essential
to the conservation of the species, or both, in adjacent critical
habitat.
We are designating as critical habitat lands that we determined
were occupied at the time of listing and contain sufficient PCEs to
support life history functions essential for the conservation of
Limnanthes floccosa ssp. grandiflora and Lomatium cookii. We are
designating 24 units of critical habitat based on sufficient PCEs being
present to support the life processes of the species. Some units may
contain all of the PCEs and support multiple life processes, and some
units may contain only a subset of the PCEs necessary to support the
species' use of the habitat.
Critical Habitat Designation
We determined that 24 units totaling approximately 4,018 ha (9,930
ac) meet our definition of critical habitat for Limnanthes floccosa
ssp. grandiflora and Lomatium cookii, including land under Federal,
State, county, municipal, and private ownership. We are designating 8
units of critical habitat for Limnanthes floccosa ssp. grandiflora and
16 units for Lomatium cookii; two of these units, White City and
Whetstone Creek in Jackson County, contain habitat for both species
(see Tables 4, 5, 6, and 7,and unit descriptions below). The critical
habitat areas described below constitute our best assessment at this
time of areas that meet the definition of critical habitat for
Limnanthes floccosa ssp. grandiflora and Lomatium cookii. We determined
that all areas designated as critical habitat for Limnanthes floccosa
ssp. grandiflora and Lomatium cookii were occupied at the time of
listing and most are, we believe, currently occupied as well (recent
survey information was not available for all sites).
The areas designated as critical habitat for Limnanthes floccosa
ssp. grandiflora are: (1) Unit RV1--Shady Cove; (2) Unit RV2--Hammel
Road; (3) Unit RV3A, B, C, and D--North Eagle Point; (4) Unit RV4--
Rogue Plains; (5) Unit RV5--Table Rock Terrace; (6) Unit RV6A, B, C, D,
E, F, G, and H--White City; (7) Unit RV7-- Agate Lake; and (8) Unit
RV8--Whetstone Creek. Units coded with ``RV'' are in the Rogue River
Valley, Jackson County.
The areas designated as critical habitat for Lomatium cookii are:
(1) Unit RV6A, F, G, and H--White City; (2) Unit RV8--Whetstone Creek;
(3) Unit RV9A and B--Medford Airport; (4) Unit IV1A and B--Anderson
Creek; (5) Unit IV2--Draper Creek; (6) Unit IV3--Reeves Creek North;
(7) Unit IV4--Reeves Creek East; (8) Unit IV5--Reeves Creek South; (9)
Unit IV6A and B--Laurel Road; (10) Unit IV7--Illinois River Forks State
Park; (11) Unit IV8--Woodcock Mountain; (12) Unit IV9--Riverwash; (13)
Unit IV10--French Flat North; (14) Unit IV11--Rough and Ready Creek;
(15) Unit IV12--French Flat Middle; and (16) Unit IV13--Indian Hill.
Units coded with ``IV'' are in the Illinois River Valley, Josephine
County.
The approximate area, land ownership, and occupancy status of each
designated critical habitat unit are shown in Tables 4, 5, and 6.
Portions of units or entire units roughly correspond to the recovery
core areas for each species as identified in the 2006 draft recovery
plan (USFWS 2006). The recovery core areas were selected based on
occurrence records and habitat identified through ground surveys,
aerial imagery, topography features, and soil layers. The information
in the draft recovery plan is now somewhat dated; therefore more
current information resulting from this evaluation may have led to some
adjustments of recovery
[[Page 42506]]
areas that were recommended in the 2006 draft recovery plan. As
described above, we assessed all areas we are designating as critical
habitat to ensure that they provide the requisite PCEs essential to the
conservation of the species as defined in this final rule.
We present brief descriptions of all critical habitat units for
Limnanthes floccosa ssp. grandiflora or Lomatium cookii, below.
Area 1: Jackson County, Oregon
In Jackson County, we are designating eight critical habitat units
for Limnanthes floccosa ssp. grandiflora and three critical habitat
units for Lomatium cookii. The Jackson County units occur approximately
58 km (30 mi) east of the nearest unit for Lomatium cookii species in
Josephine County. All critical habitat units in Jackson County are
located within the Middle Rogue River Basin or ``Agate Desert.'' Two
units, White City and Whetstone Creek, are occupied by both species.
Please see the Index Maps in the Regulation Promulgation section of
this rule for the location of all critical habitat units.
Unit RV1: Shady Cove
Unit RV1 consists of approximately 8 ha (20 ac) of intact vernal
pool-mounded prairie and was occupied by Limnanthes floccosa ssp.
grandiflora at the time of listing (ONHIC 2008). We have no current
information regarding the status of this population, but consider the
plant to be extant within the unit, as we have no information
indicating that any activities occurred that likely would result in
extirpation. Unit RV1 contains all of the PCEs for Limnanthes floccosa
ssp. grandiflora and was identified in the draft recovery plan as the
Shady Cove recovery core area (USFWS 2006, pp. IV-12-IV-13). This unit
is not designated as vernal pool fairy shrimp critical habitat. It
parallels a 430-m (1,411-ft) stretch of Highway 62 and is located 460 m
(1,500 ft) west of Highway 62. The unit is 0.8 km (0.5 mi) south of
Shady Cove, 1.3 km (0.8 mi) northeast of Takelma Park, and is 122 m
(400 ft) east of the Rogue River. The unit occurs on privately owned
land. Aerial imagery indicates that the unit is composed of intact
vernal pool-mounded prairie habitat (USDA 2006).
ONHIC database records do not mention any ongoing threats to the
Limnanthes floccosa ssp. grandiflora population within the unit;
however, the occurrence information mentions that the adjacent habitat
to the south has been leveled, indicating that agricultural development
occurs nearby (ONHIC 2008). The unit occurs in an area of predominantly
agricultural and grazing use (Borgias 2004, p. 8). We are not aware of
any conservation agreements or management plans to conserve Limnanthes
floccosa ssp. grandiflora habitat within this unit. Special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit RV1 due to threats from
agricultural development, potential incompatible grazing practices, and
the encroachment of invasive, nonnative plant species.
Unit RV2A, B, C, and D: Hammel Road
Unit RV2 consists of approximately 69 ha (169 ac) of intact vernal
pool-mounded prairie. The unit is currently occupied by Limnanthes
floccosa ssp. grandiflora and was occupied at the time of listing
(ONHIC 2008). This critical habitat unit contains all of the PCEs for
Limnanthes floccosa ssp. grandiflora and was identified as the Staley
Road recovery core area in the draft recovery plan (USFWS 2006, pp. IV-
12-IV-13). This unit is also designated as vernal pool fairy shrimp
critical habitat and overlaps vernal pool fairy shrimp critical habitat
subunit 1A (North Agate Desert Unit) (71 FR 7117; February 10, 2006).
It is located on privately owned land, 1.2 km (0.75 mi) northeast of
the confluence of Reese Creek and the Rogue River, 1.3 km (0.8 mi) west
of Highway 62, and 430 m (1,400 ft) east of the Rogue River.
A recent observation indicates that approximately 1,500 Limnanthes
floccosa ssp. grandiflora are present on the unit (Meyers 2008, p. 6).
Aerial imagery and field observations indicate that the unit is
comprised of intact vernal pool-mounded prairie habitat (USDA 2006a;
Meyers 2008, p. 6).
ONHIC database (2008) records indicate that light grazing occurs
within this unit, and the grazing practices appear to have been
compatible with the survival of Limnanthes floccosa ssp. grandiflora
over the past 13 years. We are not aware of any conservation agreements
or plans to protect Limnanthes floccosa ssp. grandiflora habitat within
this unit. Special management considerations or protection may be
required to restore, protect, and maintain the PCEs supported by Unit
RV2 due to threats from agricultural development, potential
incompatible grazing practices, and the encroachment of invasive,
nonnative, annual plant species.
Unit RV3A, B, C, and D: North Eagle Point
Unit RV3 consists of four subunits totaling 490 ha (1,210 ac) of
intact vernal pool habitat that is currently occupied by Limnanthes
floccosa ssp. grandiflora and was occupied at the time of listing
(ONHIC 2008). This critical habitat unit contains all of the PCEs for
Limnanthes floccosa ssp. grandiflora and was identified as the North
Eagle Point recovery core area in the draft recovery plan (USFWS 2006,
pp. IV-12-IV-13). Unit RV3 is also designated as vernal pool fairy
shrimp critical habitat and overlaps vernal pool fairy shrimp critical
habitat subunits 1B, D, and G (North Agate Desert Unit) (71 FR 7117;
February 10, 2006). The unit is located on privately owned land
southwest of Mosser Mountain and northeast of Long Mountain. The four
subunits loosely follow a 6.9 km (4.3 mi) stretch of Hog Creek
beginning at its origin. Originating 3.8 km (2.4 mi) east of Highway 62
in subunit RV3D, Hog Creek runs through RV3C, crosses Highway 62, flows
between RV3B (located 100 m (328 ft) west of Highway 62) and RV3A
(located 600 m (1,970 ft) west of Highway 62), before emptying into the
Rogue River after 2.4 km (1.5 mi). Subunit RV3A is located 560 m (1,837
ft) southeast of the confluence of Reese Creek and the Rogue River.
Subunit RV3B is located 100 m (328 ft) west of Highway 62 at the
intersection of Ball Road and extends along an 835 m (2,740 ft) stretch
of Hog Creek. Subunit RV3C is located 2 km (1.2 mi) north of Eagle
Point and extends 2.6 km (1.6 mi) south of the junction of Ball Road
and Reese Creek Road. Subunit RV3D is located 3.2 km (2 mi) east of
Long Mountain and is 2.4 km (1.5 mi) southeast of the junction of
Highway 62 and Ball Road. It extends along a 1.8 km (1.1 mi) stretch of
Hog Creek.
ONHIC Element Occurrence data accounts for two 1,000-plant
Limnanthes floccosa ssp. grandiflora populations within this unit, one
growing in an area of intact vernal pool-mounded prairie habitat and
one in an atypical swale habitat alongside a fence. An additional 500
Limnanthes floccosa ssp. grandiflora plants growing in intact vernal
pool-mounded prairie habitat on a separate property within the unit
were reported by Wildlands, Inc. (Wildlands, Inc. 2008, p. 3). Aerial
imagery indicates that the unit contains a significant amount of intact
vernal pool-mounded prairie habitat (USDA 2006a).
Some habitat in this unit has been degraded by cattle grazing
practices and agricultural development (Wildlands, Inc. 2008, p. 1).
The entire unit occurs
[[Page 42507]]
in an area of predominant agricultural and grazing use (Borgias 2004,
p. 8). Livestock caused significant damage to large vernal pools within
the unit by soil compaction and mound and pool topography alteration
(Oregon Natural Heritage Program (ONHP) 1997, p. 16). In addition,
vernal pool hydrology has been compromised in some portions of the unit
by water impoundment, causing water to permanently fill some vernal
pools in several areas (Southern Oregon Land Conservancy 2008, p. 3).
In addition, nonnative, invasive, annual grasses colonized large
portions of the unit and threaten to encroach on Limnanthes floccosa
ssp. grandiflora populations (Southern Oregon Land Conservancy 2008, p.
4).
There are established protective measures to conserve Limnanthes
floccosa ssp. grandiflora and the habitat of the threatened vernal pool
fairy shrimp on two private properties within this unit. Long-term
management plans are in development for both of the properties to
protect and restore vernal pool-mounded prairie function; these plans
will cover approximately 20 percent of the land in the unit. Monitoring
and improved grazing management are currently taking place on the two
properties to further conserve Limnanthes floccosa ssp. grandiflora
habitat (M. Young, pers. comm. 2009; Southern Oregon Land Conservancy
2008, p. 6). Other special management considerations or protection on
other properties within the unit may be required to restore, protect,
and maintain the PCEs supported by Unit RV3 due to threats from
agricultural development, potential incompatible grazing practices, and
the encroachment of invasive, nonnative, annual grasses.
Unit RV4: Rogue Plains
Unit RV4 consists of 243 ha (600 ac) of vernal pool-mounded prairie
habitat, 36 ha (88 ac) of which are leveled. The critical habitat unit
is currently occupied by Limnanthes floccosa ssp. grandiflora and was
occupied at the time of listing (ONHIC 2008; Meyers 2008, p. 10). This
critical habitat unit contains all of the PCEs for Limnanthes floccosa
ssp. grandiflora and was identified as the Rogue Plains recovery core
area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). Unit RV4
is also designated as critical habitat for vernal pool fairy shrimp and
overlaps vernal pool fairy shrimp critical habitat subunits 1C, E, and
F (North Agate Desert Unit) (71 FR 7117; February 10, 2006). The vast
majority of this unit occurs on privately owned land located 122 m (400
ft) southeast of the junction of Highway 234 and Modoc Road. It extends
2 km (1.2 mi) south along Modoc Road from the intersection, is located
1.4 km (0.87 mi) southwest of Dodge Bridge, and is 1.0 km (0.6 mi)
northwest of Rattlesnake Rapids on the Rogue River.
A recent Limnanthes floccosa ssp. grandiflora survey report within
Unit RV4 describes a robust 5,000-plant population occurring at the
privately owned ``Rogue River Plains Preserve'' (Meyers 2008, p. 10).
The report also describes a Limnanthes floccosa ssp. grandiflora
occurrence from which the species appears to have been extirpated
(Meyers 2008, pp. 10, 55). For the most part, aerial imagery and field
observations indicate that the unit is composed of about 84 percent
intact vernal pool-mounded prairie habitat (USDA 2006a; Meyers 2008, p.
6).
Some habitat within this unit appears to be degraded or destroyed
(Meyers 2008, p. 55); however, the winter and spring grazing presently
occurring at the Rogue River Plains Preserve property appears to be
compatible with the survival of Limnanthes floccosa ssp. grandiflora
(Borgias 2004, p. 42).
Threats facing vernal-pool mounded prairie habitat in this unit are
agricultural development and the encroachment of invasive, nonnative,
annual grasses. A conservation easement, held by TNC and placed on the
privately owned Rogue River Plains Preserve property, permits TNC to
manage grazing on the property, and withdraws development and
agricultural development rights. Other special management
considerations or protection on other properties within the unit may be
needed to restore, protect, and maintain the PCEs supported by Unit RV4
due to threats from agricultural development and the encroachment of
invasive, nonnative, annual grasses.
Unit RV5: Table Rock Terrace
Unit RV5 includes 49 ha (122 ac) of intact vernal pool-mounded
prairie habitat that has been occupied by the species since the time of
listing (ONHIC 2008, USDA 2006a). Although a survey conducted on a
portion of the unit in 2008 did not confirm presence of Limnanthes
floccosa ssp. grandiflora plants (Meyers 2008, p. 59), a more recent
survey verified the continued occupation of the unit by Limnanthes
floccosa ssp. grandiflora (S. Friedman 2009, pers. obs.). This critical
habitat unit contains all of the PCEs for Limnanthes floccosa ssp.
grandiflora and was identified as the Table Rock Terrace recovery core
area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). This
unit is not designated as vernal pool fairy shrimp critical habitat.
Unit RV5 is located on privately owned land 670 m (2,200 ft) north of
the junction of Modoc and Antioc Roads, is 1.4 km (0.9 mi) east of
Upper Table Rock, and is 650 m (2,300 ft) west of the Rogue River. This
unit follows along an 800-m (2,600-ft) stretch of Modoc Road to the
east of the unit and a 700-m (2,300-ft) stretch of Antioc Road west of
the unit.
Threats facing vernal-pool mounded prairie habitat in this unit may
include agricultural development, incompatible grazing practices, and
the encroachment of invasive, nonnative, annual grasses. Other special
management considerations or protection within the unit may be needed
to restore, protect, and maintain the PCEs supported by Unit RV5 due to
these threats.
Unit RV6A, B, C, D, E, F, G, and H: White City
Unit RV6 consists of eight subunits that generally encompass the
perimeter of White City. Subunits A through H are designated as
critical habitat for Limnanthes floccosa ssp. grandiflora and include
740 ha (1,829 ac). Subunits A, F, G, and H are designated as critical
habitat for Lomatium cookii and include 546 ha (1,349 ac). This 740-ha
(1,829-ac) unit includes intact vernal pool-mounded prairie and swale
habitats that were occupied by the two species at the time of listing;
both species presently occur within some or all of the subunits. This
critical habitat unit contains all of the PCEs for Limnanthes floccosa
ssp. grandiflora and Lomatium cookii and was identified as the Agate
Desert recovery core area in the draft recovery plan (USFWS 2006, pp.
IV-12-IV-13). Unit RV6 is also designated as vernal pool fairy shrimp
critical habitat and overlaps vernal pool fairy shrimp critical habitat
subunits 2A, B, C, D, and E and 3A and B (White City East and West
Units) (71 FR 7117; February 10, 2006). The unit occurs on State,
county, municipal, and privately owned lands. It is located around
White City, is 1.6 km (1.0 mi) southwest of Eagle Point, and is 440 m
(1,444 ft) southeast of the confluence of the Rogue River and Little
Butte Creek. Subunit RV6A is located north of Whetstone Creek and is
500 m (1,200 ft) west of the junction of Highway 62 and Antelope Road.
Subunits RV6B, RV6C, RV6D, and RV6E are located north of Avenue G in
White City, south of Little Butte Creek, and 670 m (2,200 ft) southwest
of Antelope Creek. Subunits RV6F and RV6G are located approximately 500
feet west of Dry Creek and are east of Highway 62 in White City.
Subunit RV6H is located
[[Page 42508]]
north of Whetstone Creek and south of Antelope Road. Subunit RV6H
roughly encircles the Hoover Ponds, east of Highway 62, and is 850 m
(2,790 ft) east of subunit RV6A. The land in this unit is 29 percent
State-owned, 6 percent county-owned, 10 percent municipally owned, and
55 percent privately owned.
This unit includes approximately 90 percent intact vernal pool-
mounded prairie habitat. The Nature Conservancy manages a 22-ha (54-ac)
parcel within this unit to conserve vernal pool-mounded prairie habitat
and has recently developed an assessment and prioritization guide for
the restoration and enhancement of vernal pool function across 86 ha
(213 ac) of habitat owned by the ODFW Denman Wildlife Area. A
mitigation site owned by Jackson County School District Number 9
protects 9.5 ha (24 ac) of intact vernal pool-mounded prairie habitat
with one of the largest known populations of Limnanthes floccosa ssp.
grandiflora. The City of Medford also leases 88 ha (217 ac) of vernal
pool-mounded prairie for cattle grazing on some less intact vernal-pool
mounded prairie habitat. In addition, the Oregon Department of
Transportation (ODOT) manages two locations as roadside special
management areas for the protection of Limnanthes floccosa ssp.
grandiflora and Lomatium cookii.
Threats facing vernal pool-mounded prairie habitat in this unit
include urban and commercial development, agricultural development,
incompatible grazing practices, and the encroachment of invasive,
nonnative, annual grasses. The Nature Conservancy and Jackson County
School District Number 9 conduct prescribed burns, seeded with native
plants, and erected signs and fences to control encroachment of
nonnative, invasive plants, discourage recreational ORV use, and
restore native plant communities (Borgias 2004, p. 22; USFWS 2006, pp.
I-18-I-21). The ODFW assessment and prioritization guide includes such
actions as removing nonnative bunch grasses and restoring hydrologic
flow by eliminating old road beds (Borgias et al. 2009, pp. 16-22).
These actions will be implemented or scheduled as funding becomes
available. Other special management considerations or protection within
the unit may be needed to restore, protect, and maintain the PCEs
supported by Unit RV6 due to the described threats within the units.
Unit RV7: Agate Lake
Unit RV7 consists of 421 ha (1,039 ac) of intact vernal pool-
mounded prairie and swale habitat; the unit is currently occupied by
Limnanthes floccosa ssp. grandiflora and was occupied at the time of
listing (Meyers 2008, p. 45). This critical habitat unit contains all
of the PCEs for Limnanthes floccosa ssp. grandiflora and was identified
as the Agate Lake recovery core area in the draft recovery plan (USFWS
2006, pp. IV-12-IV-13). Unit RV7 is designated as critical habitat for
vernal pool fairy shrimp and overlaps vernal pool fairy shrimp critical
habitat subunit 2B (White City East Unit) (71 FR 7117; February 10,
2006). The unit occurs on federally and privately owned land located
500 m (1,640 ft) east of the Agate Reservoir, along a 5.4-km (3.4-mi)
stretch roughly parallel and between Dry Creek and Antelope Creek, is
330 m (1,080 ft) north of Tater Hill, and is 1.4 km (0.9 mi) southeast
of the confluence of Dry Creek and Antelope Creek. The land in this
unit is approximately 10 percent federally owned and 90 percent
privately owned.
The U.S. Bureau of Reclamation (BOR) completed a management plan
for 38 ha (94 ac) of slightly degraded vernal pool-mounded prairie
habitat within this unit. The BOR established protective measures to
conserve vernal pool-mounded prairie habitat, and finalized a long-term
management plan to protect and restore vernal pool-mounded prairie
function (BOR 2006, p. 1-1). Previous to 2008, Limnanthes floccosa ssp.
grandiflora had not been reported in the unit since 1965. In 2008, a
300-plant population of Limnanthes floccosa ssp. grandiflora was
observed in recently restored vernal pool-mounded prairie habitat on
Federal land within the unit (Meyers 2008, p. 45).
The PCEs in this unit are threatened by invasion of nonnative,
herbaceous annuals; trash dumping; activities associated with fire
management (fire-line construction); vandalism; unauthorized ORV use;
and incompatible grazing practices (ONHDB 1994, p. 11; Borgias 2004, p.
42). Therefore, special management considerations or protection may be
required to restore, protect, and maintain the PCEs supported by Unit
RV7 due to these threats.
Unit RV8: Whetstone Creek
Unit RV8 consists of 344 ha (850 ac) of intact vernal pool-mounded
prairie and swale habitat that was occupied by Limnanthes floccosa ssp.
grandiflora and Lomatium cookii at the time of listing; both species
continue to occur within the unit (ONHIC 2008; Meyers 2008, p. 20).
This critical habitat unit contains all of the PCEs for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii and was identified as the
Whetstone Creek recovery core area in the draft recovery plan (USFWS
2006, pp. IV-12-IV-13). Unit RV8 is designated as critical habitat for
vernal pool fairy shrimp and overlaps vernal pool fairy shrimp critical
habitat subunit 3C (White City West Unit) (71 FR 7117; February 10,
2006). The unit occurs on State, County, municipal, and privately owned
land located just west of White City. The unit is located approximately
1.4 km (0.9 mi) southeast of the confluence of the Rogue River and
Whetstone Creek, 2.2 km (1.4 mi) southwest of Tou Velle State Park, and
2.9 km southeast of the confluence of Bear Creek and the Rogue River.
The unit roughly parallels a 2.6-km (1.6-mi) stretch of Whetstone Creek
to the south. The land in this unit is 9 percent State owned, 10
percent municipally owned, and 81 percent privately owned.
This unit includes highly intact vernal-pool mounded prairie
habitat with partial protection by city regulation and private
conservation easements. This is the only unit that includes a shrub and
tree component within vernal pool-mounded prairie habitat. The Nature
Conservancy manages a 58-ha (144-ac) parcel within this unit occupied
by both Limnanthes floccosa ssp. grandiflora and Lomatium cookii. One
of the primary purposes of the preserve is to conserve vernal pool-
mounded prairie habitat. The Nature Conservancy recently developed a
management plan to restore and enhance vernal pool function across a
32-ha (80-ac), neighboring property owned by ODOT that also occurs
within the unit. The City of Medford leases 36 ha (96 ac) of vernal
pool-mounded prairie habitat within the unit for grazing.
The PCEs in this unit are threatened by invasion of nonnative,
herbaceous annuals; incompatible agricultural development; aggregate
mining; unauthorized ORV use; and incompatible grazing practices (ONHDB
1994, p. 11; Borgias 2004, p. 42). Therefore, special management
considerations or protection on other properties within the unit may be
required to restore, protect, and maintain the PCEs supported by Unit
RV8 due to the threats mentioned above.
Unit RV9A, B, C, D, and E: Medford Airport
Unit RV9 consists of the five subunits: RV9A through E. Lomatium
cookii was known from this unit since before the time it was listed
(ONHIC 2008). Unit RV9 includes 34 ha (83 ac) of slightly degraded
vernal pool-mounded prairie habitat. No areas within this unit are
designated as vernal pool fairy shrimp critical habitat, nor does the
occurrence
[[Page 42509]]
meet the minimum population size criteria to be designated as critical
habitat for Limnanthes floccosa ssp. grandiflora (Meyers 2008, p 48).
However, this critical habitat unit does contain all of the PCEs for
Lomatium cookii and meets all other critical habitat criteria for the
species. This unit is identified as the Rogue Airfield recovery core
area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). The five
subunits of RV9 are located mostly within the Rogue Valley
International-Medford Airport, approximately 2 km (1.2 mi) west of
Coker Butte and 1.5 km (0.9 mi) northeast of Bear Creek. Subunit RV9A
is located 1.4 km (0.9 mi) north of the Rogue Valley International-
Medford Airport and is 300 m (980 ft) east of the junction of Vilas
Road and Table Rock Road. Subunits RV9B through E are located between
Upton Slough and Bear Creek, 2 mi southeast of the junction of Vilas
Road and Table Rock Road, and 1.7 km northeast of the junction of
Interstate 5 and Highway 62. The land in this unit is 93 percent
county-owned and 7 percent privately owned.
This unit includes one of the most extensive and densest
populations of Lomatium cookii within its range. The Rogue Valley
International-Medford Airport is managed to meet FAA safety
requirements. The property is completely fenced-in to exclude people
and large animals and is periodically mowed to keep vegetation low and
reduce use by large birds and other wildlife. The security fencing and
regular mowing is compatible with Lomatium cookii growth, reproduction,
and germination and has enabled a robust population to become
established. Other properties not included in the airport security zone
are within the City of Medford urban growth boundary and are likely to
become commercially developed.
Threats facing the vernal pool-mounded prairie habitat in this unit
are potential airport and commercial development. Construction of a new
runway that could be placed across the densest population of Lomatium
cookii is suggested in the long-term plan for the airport (Rogue Valley
International-Medford Airport 2001, pp. 5-2-5-4; 6-4-6-6). Special
management considerations or protection within the unit may be needed
to conserve and maintain the PCEs supported by Unit RV9 due to this
threat.
Area 2: Josephine County, Oregon
In Josephine County, we are designating 13 critical habitat units
for Lomatium cookii. The Josephine County units occur approximately 58
km (30 mi) west of the nearest unit for this species in Jackson County.
None of the Josephine County units are designated as critical habitat
for the vernal pool fairy shrimp in Oregon. Please see the Index Maps
in the Regulation Promulgation section of this rule for the location of
all critical habitat units.
Unit IV1A and B: Anderson Creek
Unit IV1 consists of two subunits (A and B) totaling 35 ha (85 ac)
of intact wet meadow and mixed conifer habitat that is currently
occupied and was occupied by the species at the time of listing (ONHDB
1994, pp. 9-10; OSU 2008). Unit IV1 contains all the PCEs for Lomatium
cookii and is identified in the draft recovery plan as the Anderson
Creek recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit is
located on 66 percent privately owned and 44 percent federally owned
land, 3.5 km (2.2 mi) north of Selma, 14 km (8.8 mi) north of Cave
Junction, along a 1.0-km (0.6-mi) stretch of Anderson Creek and Highway
199, 2.0 km (1.2 mi) southwest of Hays Hill Summit, and 1.7 km (1.0 mi)
northwest of the junction of Draper Valley Road and Indian Creek Road.
The two occurrences of Lomatium cookii in this unit are the most
northern known occurrences of the species in the Illinois River Valley.
Recent surveys located two populations in this unit, one with 135
plants and one with 1,000 plants. The two populations were reported as
growing in open, grassy meadows (C. Shohet, pers. comm. 2005). Aerial
imagery suggests the habitat in this unit is relatively intact wet
meadow (USDA 2006a).
Potential threats to the Lomatium cookii habitat in this unit
include incompatible grazing practices, agricultural development,
alterations in hydrology due to timber production, native and noxious
weed encroachment, and woody vegetation succession as the result of
fire suppression (J. Kagan, pers. comm. 2009; C. Shohet, pers. comm.
2005). Grazing is a common agricultural practice in the area (J. Kagan,
pers. comm. 2009), but depending on management within this unit, it may
be incompatible with growth, reproduction, and germination of the
species. We are not aware of any conservation agreements or management
plans to conserve critical habitat within this unit. Special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit IV1 due to threats from
agricultural development, potential incompatible grazing practices, and
woody vegetative succession due to decreased fire return intervals.
Unit IV2: Draper Creek
Unit IV2 consists of 28 ha (70 ac) of intact wet meadow habitat,
was occupied by Lomatium cookii at the time of listing (ONHDB 1994, p.
5; OSU 2008), and continues to be occupied by the species. Unit IV2
contains all of the PCEs for Lomatium cookii and is identified in the
draft recovery plan as the Draper Creek recovery core area (USFWS 2006,
pp. IV-11, IV-14). It is located on privately owned land 2.7 km (1.7
mi) northeast of Selma, 13.5 km (8.4 mi) north of Cave Junction, along
a 900-m (2,900-ft) stretch of Draper Creek, located 800 m (2,600 ft)
east of Anderson Creek. The unit is 800 m (2,600 ft) north-northwest of
the confluence of Draper Creek and Davis Creek and is 200 m (650 ft)
southeast of the junction of Draper Valley Road and Indian Creek Road.
According to a recent survey report, this unit includes relatively
intact wet meadow habitat associated with Draper Creek. A recent survey
located a 400-plant Lomatium cookii population here, reported as
growing in an open, grassy meadow (C. Shohet, pers. comm. 2005). The
Lomatium cookii occurrence in this unit is among the most northern
known occurrences for this species in the Illinois River Valley. Aerial
imagery suggests the habitat in this unit may be reverting to oak and
conifer succession in some areas (USDA 2006a).
Potential threats to the Lomatium cookii habitat in this unit
include incompatible grazing practices, agricultural development,
alterations in hydrology due to timber production, native and noxious
weed encroachment, and woody vegetation succession (C. Shohet, pers.
comm. 2005). Grazing is a common agricultural practice in the area (J.
Kagan, pers. comm. 2009), but depending on management within the unit,
it may be incompatible with growth, reproduction, and germination of
the species. No conservation agreements or protections are established
within this unit, and we are not aware of any conservation plans to
conserve critical habitat within this unit. Special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit IV2 due to threats from
agricultural development, incompatible grazing practices, and woody
vegetative succession due to increased fire return intervals.
Unit IV3: Reeves Creek North
Unit IV3 consists of 152 ha (374 ac) of oak and pine forests,
mixed-conifer, and understory shrub habitat. Lomatium
[[Page 42510]]
cookii occupied this unit at the time of listing and continues to be
found here (ONHIC 2008). Based on comments we received from BLM, we
added 47 ha (114 ac) of Federal (BLM) land to this unit that were not
included in the July 28, 2009, proposed rule (74 FR 37314). Unit IV3
contains all of the PCEs for Lomatium cookii and is identified in the
draft recovery plan as the Reeves Creek West recovery core area (USFWS
2006, pp. IV-11, IV-14). This unit is located on Federal and privately
owned land, 4.5 km (2.8 mi) south of Selma, 6.0 km (3.75 mi) north of
Cave Junction, and 1.1 km (0.7 mi) northeast of Sauers Flat. The unit
is located 1.4 km (0.9 mi) east of the confluence between Reeves Creek
and the Illinois River and extends along a 2.0 km (1.2 mi) stretch of
Reeves Creek, beginning 800 m (2,600 ft) northeast of the junction of
Highway 199 and Reeves Creek Road. The land in this unit is 74 percent
federally owned and 26 percent privately owned.
The habitat in this unit is primarily threatened by road
maintenance, woody vegetation succession, and garbage dumping. Road
maintenance often fragments populations and can directly affect plants.
Woody vegetative succession can impact Lomatium cookii populations in
this unit by over-shading. Due to this threat, the plants observed in
this unit occur in smaller numbers, grow in more limited areas, and
appear to be more fragmented compared to other Illinois River Valley
populations (ONHIC 2008). Garbage dumping also directly impacts plants
and can fragment habitats. Timber harvesting and its associated impacts
(road construction, alteration of hydrology) occur in this unit
periodically and could affect Lomatium cookii populations in the next
few years. Special management considerations or protection may be
required to restore, protect, and maintain the PCEs supported by Unit
IV3 due to threats from woody vegetation succession, impacts associated
with timber harvesting activities, garbage dumping, and road
maintenance.
Unit IV4: Reeves Creek East
Unit IV4 consists of 83 ha (204 ac) of intact mixed confer and
understory shrub habitat and has been occupied by Lomatium cookii since
the time of listing (ONHIC 2008). Based on comments we received from
BLM, we added 14 ha (37 ac) of Federal (BLM) land to this unit that
were not included in the July 28, 2009, proposed rule (74 FR 37314).
Unit IV4 contains all of the PCEs for Lomatium cookii and is identified
in the draft recovery plan as the Reeves Creek East recovery core area
(USFWS 2006, pp. IV-11, IV-14). This unit is located on Federal and
privately owned land, 6.2 km (3.9 mi) south of Selma, and 5.3 km (3.3
mi) northwest of Cave Junction. It occurs along a 500-m (1,640-ft)
stretch of Reeves Creek located 700 m (2,300 ft) southeast of Unit IV3.
The land in this unit is 70 percent federally owned and 30 percent
privately owned.
The understory shrub and mixed conifer habitat in this unit is
primarily threatened by activities associated with timber harvesting
practices, road maintenance, garbage dumping, and ORV use. The single
Lomatium cookii population known from this unit is described as
fragmented by a road cut. Portions of the habitat in this unit are also
threatened by early seral forest succession (ONHIC 2008). As with the
previous unit, plants observed in this unit occur in smaller numbers
and grow in more limited areas compared to other Illinois River Valley
populations, and the populations appear to be more fragmented. Special
management considerations or protection may be required to restore,
protect, and maintain the PCEs supported by Unit IV4 due to threats
from road construction, impacts associated with timber harvesting,
woody vegetative succession, and ORV use.
Unit IV5: Reeves Creek South
Unit IV5 consists of 165 ha (407 ac) of intact sloped mixed conifer
and understory shrub habitat. This unit was occupied by Lomatium cookii
at the time of listing, and the species continues to be found there
(ONHIC 2008). Based on comments we received from BLM, we added 7 ha (16
ac) of Federal (BLM) land to this unit that were not included in the
July 28, 2009, proposed rule (74 FR 37314). Unit IV5 contains all of
the PCEs for Lomatium cookii and is identified in the draft recovery
plan as the Reeves Creek West recovery core area (USFWS 2006, pp. IV-
11, IV-14). The unit is located on both Federal and private land
roughly parallel to Highway 199 for 2.5 km (1.6 mi), which is 500 m
(1,640 ft) west of the unit. The unit is located 1.6 km (1.0 mi) north
of Cave Junction, 1 km (0.6 mi) southeast of Sauers Flat, 0.8 km (0.5
mi) east of Kerby, and 1.2 km (0.7 mi) east of the confluence between
Holton Creek and the Illinois River. The land in this unit is 95
percent federally owned and 5 percent privately owned.
The habitat in this unit is primarily threatened by vegetative
succession. Impacts associated with timber harvesting, road
maintenance, garbage dumping, and ORV use are threats that could affect
the habitat within this unit within the next few years. The Lomatium
cookii population in this unit is described as a fairly modest-sized
population, with numbers up to 300 plants. The population in this unit
is threatened by fragmentation due to woody vegetation succession. The
population is somewhat scattered around open mixed conifer patches
dispersed within a young forest (ONHIC 2008). Special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit IV5 due to threats from road
construction, impacts associated with timber harvesting, woody
vegetative succession, and ORV use.
Unit IV6A and B: Laurel Road
Unit IV6 consists of two subunits (A and B) totaling 182 ha (449
ac) of intact wet meadow habitat that was occupied by Lomatium cookii
at the time of listing (ONHIC 2008); the species continues to be found
there. Unit IV6 contains all of the PCEs for Lomatium cookii and is
identified in the draft recovery plan as the Laurel Road recovery core
area (USFWS 2006, pp. IV-11, IV-14). The unit is located west and
alongside of the base of Lime Rock, 1.2 km (0.7 mi) east of the city of
Cave Junction, and follows along Highway 46 for 1.5 km (0.9 mi).
Subunit IV6A is located 1.3 km (0.8 mi) west of Lime Rock summit and
1.0 km (0.6 mi) east of the junction of Laurel Road and Highway 199,
and is roughly parallel to Highway 199 for 1.3 km (0.8 mi), which lies
approximately 1.0 km (0.6 mi) west of the subunit. Subunit IV6B is 2.7
km (1.7 mi) east of the confluence of the east and west forks of the
Illinois River and from the intersection of Holland Loop Road and
Highway 46; it extends approximately 1.8 km (1.1 mi) to the northeast
and 2.7 km (1.7 mi) to the north. The land in this unit is over 99
percent privately owned, with less than 1 percent owned by the State.
Unit IV6 is open meadow and roadside habitat at the base of Lime
Rock. Highway 46 crosses one of the populations and gravel was spread
on the population at a pull-out. This population continues to thrive
and even grows up through the gravel. J. Kagan described the population
as occurring at the bottom of a small hill derived of ultramafic
alluvium (ONHDB 1994, p. 9). The two populations in the unit are some
of the most robust populations in the Illinois River Valley. However,
the Lomatium cookii population has been monitored since April 2003, and
after several years of population size increases, the population has
recently
[[Page 42511]]
declined. The specific cause of the decline is not known.
The primary threats to the habitat in this unit are periodic
roadside disturbance and rural development. Roadside disturbance caused
by some illegal heavy equipment entry, vehicle traffic, and ODOT
maintenance has occurred periodically along the roadside portion of
this site. These impacts have affected the population in the last few
years. ODOT manages the population closely and has been able to
minimize impacts caused by road repairs. The impacts caused by a
commercial development could compromise the PCEs in this area.
Nonnative invasive plants are present along the roadside, but are
sparse, perhaps due to the serpentine soil influences that are present
at this site.
Special management considerations or protection may be required to
restore, protect, and maintain the PCEs supported by Unit IV6 due to
threats from rural development, roadside maintenance, and roadside
disturbance.
Unit IV7: Illinois River Forks State Park
Unit IV7 consists of 55 ha (136 ac) of intact wet meadow habitat.
Lomatium cookii has been known from this unit since the time of listing
(ONHIC 2008). Unit IV7 contains all of the PCEs for Lomatium cookii and
is identified in the draft recovery plan as the River Forks State Park
recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit is located
500 m (1640 ft) west of the city of Cave Junction, is 600 m (1,970 ft)
southeast of Pomeroy Dam, and is 230 m (750 ft) east of the confluence
of the east and west forks of the Illinois River. The unit occurs along
a 2.8-km (1.7-mi) reach of the West Fork Illinois River. The unit
occurs on 25 percent Federal, 44 percent State, and 31 percent
privately owned land.
This unit is partially managed by the Oregon Parks and Recreation
Department (OPRD). The OPRD manages both the Federal and State property
and a management plan is currently in development to protect and
conserve the habitat that supports Lomatium cookii. Recent monitoring
by Service staff (2008) observed a relatively robust population spread
out alongside streamside meadow habitat (Service database 2008).
The primary threats to the habitat in this unit are natural woody
vegetative succession and rural development. Agricultural development,
incompatible grazing practices, garbage dumping, and invasive,
nonnative, annual plant species are also potential threats. Special
management considerations or protection may be required to restore,
protect, and maintain the PCEs supported by Unit IV7 due to the threats
described above.
Unit IV8: Woodcock Mountain
Unit IV8 consists of 234 ha (579 ac) of intact wet meadow habitat.
Lomatium cookii was known from this unit at the time of listing and
continues to occur there (ONHIC 2008). Unit IV8 contains all of the
PCEs for Lomatium cookii and is identified in the draft recovery plan
as part of the Rough and Ready Creek recovery core area (USFWS 2006,
pp. IV-11, IV-14). The unit is located on Federal and privately owned
land, 2.4 km (1.5 mi) southwest of the city of Cave Junction and 5.3 km
(3.3 mi) north of O'Brien. It is also 0.14 km (0.09 mi) west of the
confluence of Woodcock Creek and the West Fork Illinois River. It also
occurs along a 3.3-km (2.0-mi) stretch of West Side Road. Unit IV7 is
0.4 km (0.25 mi) west of Highway 199 and roughly parallels the highway
for 5.0 km (3.1 mi). This unit occurs on 1 percent Federal and 99
percent privately owned land.
This unit contains abundant intact wet meadow habitat and includes
several populations of Lomatium cookii, one of which may include more
than 5,000 plants. The habitat occupied by the species is typical moist
grassland dominated by the native bunch grasses Danthonia californica
and Deschampsia cespitosa. A 39-ha (97-ac) private property that occurs
within the unit is under a conservation easement. Threats that face the
PCEs in this unit include woody vegetative succession; rural
development; garbage dumping; competition from nonnative, invasive
plant species; and incompatible agricultural development. Special
management considerations or protection may be required to restore,
protect, and maintain the PCEs supported by Unit IV8 due to these
threats and potentially from incompatible grazing practices.
Unit IV9: Riverwash
Unit IV9 consists of 12 ha (30 ac) of intact wet meadow and
streambank habitat. Lomatium cookii has been known from this unit since
the time of listing (ONHIC 2008). Unit IV9 contains all of the PCEs for
Lomatium cookii and is identified in the draft recovery plan as part of
the Rough and Ready Creek recovery core area (USFWS 2006, pp. IV-11,
IV-14). The unit is located 4.2 km (2.6 mi) south of Cave Junction and
6.1 km (3.8 mi) north-northeast of O'Brien. It is located along the
east bend of the West Fork Illinois River, 0.7 km (0.43 mi) south
(upstream) of the confluence between Woodcock Creek and the West Fork
Illinois River. The land in the unit is 34 percent federally owned, 5
percent State owned, and 61 percent privately owned.
This unit includes the Danna Lytjen Special Management Area, a
property of ODOT. It has been monitored by ODOT periodically since the
time it was discovered (D. Sharp, pers. comm. 2009). The population
within this unit is small (fewer than 50 plants) and occurs in wet
meadow habitat alongside a ditch. The primary threats to habitat in
this unit are periodic roadside maintenance, garbage dumping,
vegetative succession, occasional roadside disturbance, and rural
development. Special management considerations or protection may be
required to restore, protect, and maintain the PCEs supported by Unit
IV9 due to threats from agricultural development, incompatible grazing
practices, occasional roadside activities, vegetative succession, and
rural development.
Unit IV10: French Flat North
Unit IV10 consists of 45 ha (110 ac) of intact wet meadow habitat.
Lomatium cookii has been known from this unit since the time of listing
(ONHIC 2008). Unit IV10 contains all of the PCEs for Lomatium cookii
and is identified in the draft recovery plan as part of the Rough and
Ready Creek recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit
is located 3.7 km (2.3 mi) south of Cave Junction, 0.9 km (0.6 mi)
north of the intersection of Sherrier Drive and Raintree Drive, and 1.7
km (1.1 mi) southwest of the confluence of Althouse Creek and the East
Fork Illinois River. It also parallels a 0.3-km (0.19-mi) stretch of
Rockydale Road. The land in this unit is under 22 percent Federal
ownership and 78 percent private ownership. A portion of this unit
occurs on BLM-managed land (Kaye and Thorpe 2008, p. 1).
The two Lomatium cookii populations in this unit occur in open
mixed oak-conifer habitat. Aerial imagery suggests that the wet meadow
habitat is fragmented, may be slowly degrading, and may require some
management to maintain early seral stage vegetation (USDA 2006a). The
primary threats to the PCEs in this unit are rural development and
vegetative succession.
Special management considerations or protection may be required to
restore, protect, and maintain the PCEs supported by Unit IV10 due to
threats from rural development, garbage dumping, competition from
nonnative plant species, and woody vegetative succession.
[[Page 42512]]
Unit IV11: Rough and Ready Creek
Unit IV11 consists of 118 ha (292 ac) of intact wet meadow habitat.
Lomatium cookii has been known from this unit since the time of listing
(ONHIC 2008). Based on comments we received from BLM, we added 57 ha
(140 ac) of Federal (BLM) land to this unit that were not included in
the July 28, 2009, proposed rule (74 FR 37314). Unit IV11 contains all
of the PCEs for Lomatium cookii and is identified in the draft recovery
plan as part of the Rough and Ready Creek recovery core area (USFWS
2006, pp. IV-11, IV-14). The unit roughly follows along and is adjacent
to a 1.9-km (1.2-mi) stretch of Airport Drive, and is located 3 km (1.9
mi) north of O'Brien, 0.9 km (0.6 mi) west of the Rough and Ready
Forest Wayside State Park, and 122 m (400 ft) east of the confluence of
the Illinois River and Rough and Ready Creek. The land in this unit is
74 percent federally owned and 26 percent privately owned.
A grouping of Lomatium cookii patches has been monitored within
this unit for over 10 years (Kaye and Thorpe 2008, p. 26). Although the
population is not considered to be large, it is stable and appears to
be resilient to various ORV threats and alterations in hydrology.
Threats present at this unit include disturbance or destruction
from ORVs; nonnative, invasive forbs; alteration in hydrology caused by
roadside maintenance; garbage dumping; competition from invasive,
nonnative plant species; and natural succession. Special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit IV11 due to these threats.
Unit IV12: French Flat Middle
Unit IV12 consists of 492 ha (1,216 ac) of intact wet meadow
habitat. The unit has been occupied by Lomatium cookii since the time
of listing. Unit IV12 contains all of the PCEs for Lomatium cookii and
is identified in the draft recovery plan as the French Flat recovery
core area (USFWS 2006, pp. IV-11, IV-14). The unit is located 4.5 km
(2.8 mi) east of Cave Junction, 3.7 km (2.3 mi) northeast of O'Brien,
140 m (460 ft) north of Esterly Lakes, 1.4 km (0.9 mi) northeast of
Indian Hill, and 0.3 km (0.2 mi) east of the confluence of Rough and
Ready Creek and the West Fork Illinois River. It also follows along a
1.6-km (1.0-mi) stretch of Rockydale Road. Land within the unit is
under 48 percent Federal ownership and 52 percent private ownership.
This unit contains some of the largest areas of intact wet meadow
habitat within the Illinois River Valley. Several Lomatium cookii
populations occur within this unit. Two of the Lomatium cookii
populations in the unit on BLM land, each in excess of 40,000
individuals, have been closely monitored for over 10 years (Kaye and
Thorpe 2008, pp. 16-25). Although the populations are robust and dense
compared to other locations, the rate of growth is declining and plants
may be slowly succumbing to various naturally caused threats, including
woody vegetative succession and vole herbivory (Kaye and Thorpe 2008,
pp. 16-25).
Threats commonly observed within this unit are: Illegal ORV use;
vandalism (related to ORV use); garbage dumping; mining; woody
vegetative succession; substantial rodent (vole) herbivory on Lomatium
cookii plants; and competition with invasive, nonnative, annual plant
species. Therefore, special management considerations or protection may
be required to restore, protect, and maintain the PCEs supported by
Unit IV12 due to the threats described above.
Unit IV13: Indian Hill
We are designating Unit IV13 as critical habitat for Lomatium
cookii. This unit consists of 22 ha (54 ac) of intact wet meadow
habitat. It has been occupied by Lomatium cookii since the time of
listing. Based on comments we received from BLM, we added 4 ha (9 ac)
of Federal (BLM) land to this unit that was not included in the July
28, 2009, proposed rule (74 FR 37314). Unit IV13 contains all of the
PCEs for Lomatium cookii, and is identified in the draft recovery plan
as the Indian Hill recovery core area (USFWS 2006, pp. IV-11, IV-14).
The unit is adjacent to and lies east of a 0.9-km (0.6-mi) reach of the
West Fork Illinois River, located approximately 0.3 km (0.2) south
(upstream) of the confluence of Rough and Ready Creek and the West Fork
Illinois River. The unit is 1.8 km (1.1 mi) northeast of O'Brien and is
0.35 km (0.2 mi) northwest of Indian Hill. The land within this unit is
86 percent federally owned and 14 percent privately owned.
This unit contains a comma-shaped wet meadow supporting one
Lomatium cookii population in excess of 9,000 plants. Lomatium cookii
has been closely monitored in this unit for over 10 years (Kaye and
Thorpe 2008, p. 28). Although succession of woody vegetation, garbage
dumping, nonnative invasive plant species, and herbivory by voles occur
on the unit, population monitoring indicates the population is
currently stable.
Special management considerations or protection may be required to
restore, protect, and maintain the PCEs supported by Unit IV13 due to
threats from natural woody vegetative succession and vole herbivory.
Tables 4 and 5 provide a summary of the approximate area (ha and
ac) of units in Jackson County by Federal, State, county, municipal,
and private ownership that we determined meet the definition of
critical habitat for Limnanthes floccosa ssp. grandiflora and Lomatium
cookii. Table 6 provides a summary of the approximate area (ha and ac)
of units for Lomatium cookii in Josephine County by Federal, State, and
private ownership that we determined meet the definition of critical
habitat. Table 7 provides a summary of the total critical habitat area
designated for both Limnanthes floccosa ssp. grandiflora and Lomatium
cookii in Jackson and Josephine Counties; this total therefore does not
include those areas of critical habitat designated for Lomatium cookii
that overlap areas designated for Limnanthes floccosa ssp. grandiflora
(that is, Units RV6A, F, G, H, and RV8).
Table 4--Critical habitat units and ownership in hectares (acres) for Limnanthes floccosa ssp. grandiflora in Jackson County, Oregon (totals may not sum
exactly due to rounding).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Private ha Municipal County ha State ha Federal ha Total Area
Critical Habitat Unit (ac) ha (ac) (ac) (ac) (ac) ha (ac) Population Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shady Cove (RV1) 8 (20) ..... ..... ..... ..... 8 (20) Occupied at time of listing
and believed to be currently
occupied (no recent surveys)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 42513]]
Hammel Road (RV2A-D) 69 (169) ..... ..... ..... ..... 69(169) Occupied at time of listing
and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Eagle Point (RV3A-D) 490 (1,210) ..... ..... ..... ..... 490(1,210) Occupied at time of listing
and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rogue Plains (RV4) 242.5 (599) ..... 0.5 (1) ..... ..... 243(600) Occupied at time of listing
and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table Rock Terrace (RV5) 49 (122) ..... ..... ..... ..... 49 (122) Occupied at time of listing
and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
White City (RV6A-H) 390 (964) 74 (183) 61(151) 215 (531) ..... 740 (1,829) Occupied at time of listing
and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Agate Lake (RV7) 392 (969) ..... ..... ..... 29 (70) 421(1,039) Occupied at time of listing
and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Whetstone Creek (RV8) 276 (682) 35 (85) 0.5(1) 33 (81) ..... 344 (850) Occupied at time of listing
and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area 1,916 109 (268) 62 (153) 248 (612) 29 (71) 2,363 ..............................
(4,736) (5,840)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--Critical habitat units and ownership in hectares (acres) for Lomatium cookii in Jackson County, Oregon (totals may not sum exactly due to
rounding).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Municipal ha Total Area ha Population
Critical Habitat Unit Private ha (ac) (ac) County ha (ac) State ha (ac) Federal ha (ac) (ac) Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
White City (RV6A, F, G, H)* 292 (720) 77 (190) 50(125) 127 (314) ..... 546(1,349) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Whetstone Creek (RV8)* 277 (685) 35(86.5) 0.2 (0.5) 32 (78) ..... 344(850) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Medford Airport (RV9A-E) 3 (8) ..... 31 (75) ..... ..... 34 (83) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area Including 572 (1,413) 112(277) 81(200) 159 (392) ..... 924(2,282) ...............
Overlapping Units Shared
with Limnanthes floccosa
ssp. grandiflora
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area of Units Occupied 3 (8) ..... 31 (75) ..... ..... 34 (83) ...............
Solely by Lomatium cookii
--------------------------------------------------------------------------------------------------------------------------------------------------------
*These units overlap with critical habitat designated for Limnanthes floccosa ssp. grandiflora, and therefore are not counted toward the total area of
critical habitat designated.
[[Page 42514]]
Table 6--Critical habitat units and ownership in hectares (acres) for Lomatium cookii in Josephine County, Oregon (totals may not sum exactly due to
rounding).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Municipal ha Total Area ha Population
Critical Habitat Unit Private ha (ac) (ac) County ha (ac) State ha (ac) Federal ha (ac) (ac) Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
Anderson Creek (IV1A-B) 23 (56) ..... ..... ..... 12(29) 35 (85) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Draper Creek (IV2) 28(70) ..... ..... ..... ..... 28(70) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reeves Creek North (IV3) 40(100) ..... ..... ..... 112(274) 152 (374) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reeves Creek East (IV4) 25(61) ..... ..... ..... 58(143) 83 (204) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reeves Creek South (IV5) 8(20) ..... ..... ..... 157(387) 165 (407) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Laurel Road (IV6A-B) 178 (439) ..... ..... 3.5 (10) ..... 182 (449) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois River Forks State 17 (42) ..... ..... 25 (60) 14 (34) 55 (136) Occupied at
Park (IV7) time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Woodcock Mountain (IV8) 223(552) ..... ..... ..... 11 (27) 234 (579) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Riverwash (IV9) 7 (18.3) ..... ..... 0.5 (1.5) 4.5 (12) 12 (30) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
French Flat North (IV10) 35 (86) ..... 10 (25) 45 (110) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rough and Ready Creek (IV11) 31 (77) ..... 87(215) 118 (292) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
French Flat Middle (IV12) 254(627) ..... 238(589) 492 (1,216) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indian Hill (IV13) 3 (8) ..... 19 (46) 22 (54) Occupied at
time of
listing and
currently
occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area 872 (2,153) 29 (72) 723 (1,781) 1,621 (4,006) ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 42515]]
Table 7--Total area of critical habitat units and ownership in hectares (acres) for both Limnanthes floccosa spp. grandiflora and Lomatium cookii in
Jackson and Josephine Counties, Oregon (from Tables 4-6; totals may not sum exactly due to rounding).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Municipal ha County ha State ha Federal ha
Critical Habitat Units Private ha (ac) (ac) (ac) (ac) (ac) Total Area ha (ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Limnanthes floccosa spp. grandiflora - 1,916 (4,736) 109 (268) 62 (153) 248 (612) 29 (71) 2,363 (5,840)
Jackson County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lomatium cookii - Jackson County (not 3 (8) ..... 31 (75) ..... ..... 34 (83)
including areas of overlap with Limnanthes
floccosa ssp. grandiflora)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lomatium cookii - Josephine County 872 (2,153) ..... ..... 29 (72) 723 (1,781) 1,621(4,006)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area 2,791(6,897) 109(268) 93(228) 277(683) 752(1,852) 4,018(9,930)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effects of Critical Habitat Designation
Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to jeopardize the continued existence of a listed species or
destroy or adversely modify critical habitat. Decisions by the court of
appeals for the Fifth and Ninth Circuits invalidated our definition of
``destruction or adverse modification'' (50 CFR 402.02) (see Gifford
Pinchot Task Force v. U.S. Fish and Wildlife Service, 378 F. 3d 1059
(9\th\ Cir 2004) and Sierra Club v. U.S. Fish and Wildlife Service et
al., 245 F.3d 434, 442F (5\th\ Cir 2001)), and we do not rely on this
regulatory definition when analyzing whether an action is likely to
destroy or adversely modify critical habitat. Under the statutory
provisions of the Act, we determine destruction or adverse modification
on the basis of whether, with implementation of the proposed Federal
action, the affected critical habitat would remain functional (or
retain those PCEs that relate to the ability of the area to
periodically support the species) to serve its intended conservation
role for the species.
If a species is listed or critical habitat is designated, section
7(a)(2) of the Act requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of such a species or to destroy or adversely modify
its critical habitat. If a Federal action may affect a listed species
or its critical habitat, the responsible Federal agency (action agency)
must enter into consultation with us. At the conclusion of this
consultation, the Service will issue either:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, but
are likely to adversely affect, listed species or critical habitat.
If we issue a biological opinion concluding that a project is
likely to result in jeopardy to a listed species or the destruction or
adverse modification of critical habitat, we also provide reasonable
and prudent alternatives to the project, if any are identifiable, to
avoid these outcomes. We define ``reasonable and prudent alternatives''
at 50 CFR 402.02 as alternative actions identified during consultation
that:
Can be implemented in a manner consistent with the intended
purpose of the action,
Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
Are economically and technologically feasible, and
Would, in the Director's opinion, avoid jeopardizing the
continued existence of the listed species or destroying or adversely
modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where a new
species is listed or critical habitat is subsequently designated that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (such discretionary involvement
or control over the action is authorized by law). Consequently, some
Federal agencies may need to request reinitiation of consultation with
us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.
Federal activities that may affect Limnanthes floccosa ssp.
grandiflora or Lomatium cookii or its designated critical habitat
require section 7 consultation under the Act. Activities on State,
Tribal, local, or private lands requiring a Federal permit (such as a
permit from the U.S. Army Corps of Engineers under section 404 of the
Clean Water Act (33 U.S.C. 1251 et seq.) or a permit from us under
section 10 of the Act) or involving some other Federal action (such as
funding from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency) are subject
to the section 7(a)(2) consultation process. Federal actions not
affecting listed species or critical habitat, and actions on State,
Tribal, local, or private lands that are not federally funded,
authorized, or permitted, do not require section 7(a)(2) consultations.
Application of the Jeopardy and Adverse Modification Standards
Jeopardy Standard
Currently, the Service applies an analytical framework for
Limnanthes floccosa ssp. grandiflora and Lomatium cookii jeopardy
analyses that relies heavily on the importance of known populations to
the species' survival and recovery. The analysis required by
[[Page 42516]]
section 7(a)(2) of the Act is focused not only on these populations but
also on the habitat conditions necessary to support them.
The jeopardy analysis usually expresses the survival and recovery
needs of Limnanthes floccosa ssp. grandiflora or Lomatium cookii in a
qualitative fashion without making distinctions between what is
necessary for survival and what is necessary for recovery. Generally,
the jeopardy analysis focuses on the rangewide status of the species,
the factors responsible for that condition, and what is necessary for
each species to survive and recover. An emphasis is also placed on
characterizing the conditions of the species in the area affected by
the proposed Federal action and the role of affected populations in the
survival and recovery of the species. That context is then used to
determine the significance of adverse and beneficial effects of the
proposed Federal action and any cumulative effects for purposes of
making the jeopardy determination.
Adverse Modification Standard
The key factor related to the adverse modification determination is
whether, with implementation of the Federal action, the affected
critical habitat would continue to serve its intended conservation role
for the species, or retain those PCEs that relate to the ability of the
area to periodically support the species. Activities that may destroy
or adversely modify critical habitat are those that alter the PCEs to
an extent that appreciably reduces the conservation value of critical
habitat for Limnanthes floccosa ssp. grandiflora or Lomatium cookii.
Generally, the conservation role of Limnanthes floccosa ssp.
grandiflora and Lomatium cookii critical habitat units is to support
the various life-history needs of the species and provide for the
conservation of the species. Activities that may destroy or adversely
modify critical habitat are those that alter the PCEs to an extent that
appreciably reduces the conservation value of critical habitat for
Limnanthes floccosa ssp. grandiflora or Lomatium cookii.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that, when carried out, funded, or authorized by a
Federal agency, may affect critical habitat and therefore result in
consultation for Limnanthes floccosa ssp. grandiflora and Lomatium
cookii include, but are not limited to:
(1) Actions that would result in ground disturbance to vernal pool-
mounded prairie and seasonally wet meadow habitat. Such activities
could include, but are not limited to: Residential or recreational
development, ORV activity, dispersed recreation, new road construction
or widening, existing road maintenance, mining, timber harvest, and
incompatible grazing practices (such as grazing during the winter, when
pools are wet and most likely to be subjected to disruption of the
underlying clay layer). These activities could cause direct loss of
Limnanthes floccosa ssp. grandiflora and Lomatium cookii-occupied
areas, and affect vernal pools and wet meadows by damaging or
eliminating habitat, altering soil composition due to increased
erosion, and increasing densities of nonnative plant species.
In addition, changes in soil composition may lead to changes in the
vegetation composition, such as growth of shrub cover resulting in
decreased density or vigor of individual Limnanthes floccosa ssp.
grandiflora and Lomatium cookii plants. These activities may also lead
to changes in water flows and inundation periods that would degrade,
reduce, or eliminate the habitat necessary for the growth and
reproduction of Limnanthes floccosa ssp. grandiflora and Lomatium
cookii.
(2) Actions that would significantly alter the hydrological regime
of the vernal pool-mounded prairie and wet meadow habitat. Such
activities could include residential or recreational development
adjacent to meadows, ORV activity, dispersed recreation, new road
construction or widening, existing road maintenance, mining, and timber
harvest. These activities could alter surface soil layers and
hydrological regime in a manner that promotes loss of soil matrix
components and moisture necessary to support the growth and
reproduction of Limnanthes floccosa ssp. grandiflora and Lomatium
cookii.
(3) Actions that would significantly reduce pollination or seed set
(reproduction). Such activities could include, but are not limited to,
residential or recreational development, and grazing or mowing prior to
seed set. These activities could prevent reproduction by reducing the
numbers of pollinators, or by removal or destruction of reproductive
plant parts.
Exemptions and Exclusions
Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an integrated natural resources management plan (INRMP) by
November 17, 2001. An INRMP integrates implementation of the military
mission of the installation with stewardship of the natural resources
found on the base. Each INRMP includes:
An assessment of the ecological needs on the installation,
including the need to provide for the conservation of listed species;
A statement of goals and priorities;
A detailed description of management actions to be implemented
to provide for these ecological needs; and
A monitoring and adaptive management plan.
Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland protection, enhancement,
and restoration where necessary to support fish and wildlife; and
enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Public
Law No. 108-136) amended the Endangered Species Act to limit areas
eligible for designation as critical habitat. Specifically, section
4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i)) now provides:
``The Secretary shall not designate as critical habitat any lands or
other geographical areas owned or controlled by the Department of
Defense, or designated for its use, that are subject to an integrated
natural resources management plan prepared under section 101 of the
Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing that
such plan provides a benefit to the species for which critical habitat
is proposed for designation.''
There are no Department of Defense lands with a completed INRMP
within the critical habitat units we are designating. Therefore, we are
not exempting lands from this final designation of critical habitat for
Limnanthes floccosa ssp. grandiflora and Lomatium cookii under section
4(a)(3)(B)(i) of the Act.
Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary must designate
or make revisions to critical habitat on the basis of the best
available scientific data after taking into consideration the economic
impact, national security impact, and any other relevant impacts of
specifying
[[Page 42517]]
any particular area as critical habitat. The Secretary may exclude an
area from critical habitat if it is determined the benefits of such
exclusion outweigh the benefits of specifying such area as part of the
critical habitat, unless it can be determined, based on the best
scientific data available, that the failure to designate such area as
critical habitat will result in the extinction of the species. In
making that determination, the legislative history is clear that the
Secretary has broad discretion regarding which factor(s) to use and how
much weight to give to any factor.
In the following sections, we address a number of general issues
that are relevant to the exclusions made in this final rule. In
addition, we conducted an economic analysis of the impacts of the
proposed critical habitat designation and related factors, which we
made available for public review and comment (75 FR 1568; January 12,
2010). Based on public comments we received on that document, the
proposed designation itself, and the information in the final economic
analysis, the Secretary may exclude from critical habitat additional
areas beyond those identified in this assessment under the provisions
of section 4(b)(2) of the Act. This is also addressed in our
implementing regulations at 50 CFR 424.19.
Exclusions Based on Economic Impacts
Under section 4(b)(2) of the Act, we consider the economic impacts
of specifying any particular area as critical habitat. In order to
consider economic impacts, we prepared a draft economic analysis, which
we made available for public review on January 12, 2010 (75 FR 1568),
based on the July 28, 2009, proposed rule (74 FR 37314). We opened a
comment period on the draft economic analysis for 30 days, until
February 11, 2010, and we received six comments during that comment
period. Following the close of the comment period, we developed a final
analysis of the potential economic effects of the designation, taking
into consideration any new information.
The intent of the final economic analysis is to quantify the
economic impacts of all potential conservation efforts for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii. Some of these costs will
likely be incurred regardless of whether we designate critical habitat
(baseline). The economic impact of the final critical habitat
designation is analyzed by comparing scenarios both ``with critical
habitat'' and ``without critical habitat.'' The ``without critical
habitat'' scenario represents the baseline for the analysis,
considering protections already in place for the species (e.g., under
the Federal listing and other Federal, State, and local regulations).
The baseline, therefore, represents the costs incurred regardless of
whether critical habitat is designated. The ``with critical habitat''
scenario describes the incremental impacts associated specifically with
the designation of critical habitat for the species. The incremental
conservation efforts and associated impacts are those not expected to
occur absent the designation of critical habitat for the species. In
other words, the incremental costs are those attributable solely to the
designation of critical habitat above and beyond the baseline costs;
these are the costs we consider in the final designation of critical
habitat. The analysis looks retrospectively at baseline impacts
incurred since the species was listed, and forecasts both baseline and
incremental impacts likely to occur with the designation of critical
habitat.
The final economic analysis also addresses how potential economic
impacts are likely to be distributed, including an assessment of any
local or regional impacts of habitat conservation and the potential
effects of conservation activities on government agencies, private
businesses, and individuals. The final economic analysis measures lost
economic efficiency associated with residential and commercial
development and public projects and activities, such as economic
impacts on water management and transportation projects, Federal lands,
small entities, and the energy industry. Decision-makers can use this
information to assess whether the effects of the designation might
unduly burden a particular group or economic sector. Finally, the final
economic analysis looks retrospectively at costs that were incurred
since November 7, 2002, when we listed Limnanthes floccosa ssp.
grandiflora and Lomatium cookii under the Act (67 FR 68004), and
considers those costs that may occur in the 20 years following the
designation of critical habitat, which was determined to be the
appropriate period for analysis because limited planning information
was available for most activities to forecast activity levels for
projects beyond a 20-year timeframe. The final economic analysis
quantifies economic impacts of Limnanthes floccosa ssp. grandiflora and
Lomatium cookii conservation efforts associated with development
activities.
Total baseline impacts are estimated to be $7.83 million to $157
million, and incremental impacts are estimated to range from $95,200 to
$403,000 between 2010 and 2029, applying a 7 percent discount rate. The
majority of estimated baseline costs arise from anticipated mitigation
for future development activities, which account for 99 percent of the
high-end costs estimated in the analysis. Incremental impacts are
forecast to be entirely administrative costs of section 7
consultations. We determined that including the additional BLM land
portions within the critical habitat designation will not impact any
timber sales, grazing leases, active mining claims, or other activities
on these Federal lands, and will not alter the economic analysis of the
designation.
Our economic analysis did not identify any disproportionate costs
that are likely to result from the designation. Consequently, the
Secretary has determined not to exercise his discretion to exclude any
areas from this designation of critical habitat for Limnanthes floccosa
ssp. grandiflora and Lomatium cookii based on economic impacts. A copy
of the final economic analysis with supporting documents may be
obtained by contacting the Oregon Fish and Wildlife Office (see
ADDRESSES) or for downloading from the Internet at http://www.regulations.gov.
Exclusions Based on National Security Impacts
Under section 4(b)(2) of the Act, we consider whether there are
lands owned or managed by the Department of Defense (DOD) where the
designation of critical habitat might present an impact to national
security. In preparing this final rule, we determined that no lands
within the designation of critical habitat for Limnanthes floccosa ssp.
grandiflora and Lomatium cookii are owned or managed by the DOD, and,
therefore, we anticipate no impact to national security. The Secretary
has determined not to exercise his discretion to exclude any areas from
this final designation based on impacts on national security.
Exclusions Based on Other Relevant Impacts
Under section 4(b)(2) of the Act, we consider other relevant
impacts, in addition to economic impacts and impacts on national
security. We consider a number of factors, including whether landowners
developed any habitat conservation plans (HCPs), Safe Harbor Agreements
(SHAs), or other resource management plans for the areas proposed for
designation, or whether there are conservation partnerships that would
be encouraged by designation of, or exclusion from, critical habitat.
In addition, we look at any Tribal issues,
[[Page 42518]]
and consider the government-to-government relationship of the United
States with Tribal entities. We also consider any social impacts that
might occur because of the designation.
In preparing this final rule, we determined that there are
currently no HCPs or SHAs for Limnanthes floccosa ssp. grandiflora and
Lomatium cookii. The final designation does not include any Tribal
lands or trust resources. Accordingly, the Secretary has determined not
to exercise his discretion to exclude any areas under section 4(b)(2)
of the Act based on other relevant impacts.
Required Determinations
Regulatory Planning and Review--Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
rule is not significant under Executive Order 12866 (E.O. 12866). OMB
bases its determination upon the following four criteria:
(1) Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
(2) Whether the rule will create inconsistencies with other Federal
agencies' actions.
(3) Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
(4) Whether the rule raises novel legal or policy issues.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (5 U.S.C. 801 et seq.), whenever an agency must
publish a notice of rulemaking for any proposed or final rule, it must
prepare and make available for public comment a regulatory flexibility
analysis that describes the effects of the rule on small entities (such
as small businesses, small organizations, and small government
jurisdictions). However, no regulatory flexibility analysis is required
if the head of the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
The SBREFA amended the RFA to require Federal agencies to provide a
statement of the factual basis for certifying that the rule will not
have a significant economic impact on a substantial number of small
entities. In this final rule, we are certifying that the critical
habitat designation for Limnanthes floccosa ssp. grandiflora and
Lomatium cookii will not have a significant economic impact on a
substantial number of small entities. The following discussion explains
our rationale.
According to the Small Business Administration, small entities
include small organizations, such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; as well as small businesses (13 CFR 121.201). Small
businesses include manufacturing and mining concerns with fewer than
500 employees, wholesale trade entities with fewer than 100 employees,
retail and service businesses with less than $5 million in annual
sales, general and heavy construction businesses with less than $27.5
million in annual business, special trade contractors doing less than
$11.5 million in annual business, and agricultural businesses with
annual sales less than $750,000. To determine if potential economic
impacts to these small entities are significant, we consider the types
of activities that might trigger regulatory impacts under this rule, as
well as the types of project modifications that may result. In general,
the term significant economic impact is meant to apply to a typical
small business firm's business operations.
To determine if the critical habitat designation for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii could significantly
affect a substantial number of small entities, we consider the number
of small entities affected within particular types of economic
activities (e.g., mining, grazing, agriculture, and other activities).
We apply the ``substantial number'' test individually to each industry
to determine if certification is appropriate. However, the SBREFA does
not explicitly define ``substantial number'' or ``significant economic
impact.'' Consequently, to assess whether a ``substantial number'' of
small entities is affected by this designation, this analysis considers
the relative number of small entities likely to be impacted in an area.
In some circumstances, especially with critical habitat designations of
limited extent, we may aggregate across all industries and consider
whether the total number of small entities affected is substantial. In
estimating the number of small entities potentially affected, we also
consider whether their activities have any Federal involvement.
Designation of critical habitat only affects activities authorized,
funded, or carried out by Federal agencies. Some kinds of activities
are unlikely to have any Federal involvement and so will not be
affected by critical habitat designation. In areas where the species is
present, Federal agencies already are required to consult with us under
section 7 of the Act on activities they authorize, fund, or carry out
that may affect Limnanthes floccosa ssp. grandiflora or Lomatium
cookii. Federal agencies also must consult with us if their activities
may affect critical habitat. Designation of critical habitat,
therefore, could result in an additional economic impact on small
entities due to the requirement to reinitiate consultation for ongoing
Federal activities (see Application of the Jeopardy and Adverse
Modification Standards section).
In our final economic analysis of the critical habitat designation,
we evaluated the potential economic effects on small entities resulting
from conservation actions related to the listing of Limnanthes floccosa
ssp. grandiflora and Lomatium cookii and the designation of critical
habitat. The analysis is based on the estimated impacts associated with
the rulemaking as described in sections 3 through 7 of the final
economic analysis, and evaluated the potential for economic impacts
related to development, transportation, and species conservation and
management activities. The economic analysis additionally considered
the potential economic impacts of the designation on agriculture,
grazing, timber harvest, fire management, recreation, and mining, but
concluded that these activities were not likely to incur measurable
economic impacts; thus they were not considered further.
As discussed in Appendix A, the final economic analysis did not
forecast any incremental impacts of the critical habitat designation
beyond additional administrative costs associated with considering
adverse modification during future section 7 consultations. Small
entities may participate in section 7 consultation regarding Limnanthes
floccosa ssp. grandiflora or Lomatium cookii as a third party (the
primary consulting parties being the Service and the Federal action
agency), and may spend additional time and effort considering potential
critical habitat issues. These incremental administrative costs of
consultation potentially borne by third parties formed the subject of
the analysis of potential impacts to small entities.
[[Page 42519]]
Of the activities addressed in the analysis, only development
activities are expected to potentially experience any incremental,
administrative consultation costs that may be borne by small entities.
These costs may arise when the U.S. Army Corps of Engineers consults
with the Service on section 404 permits under the Clean Water Act, with
small businesses as third parties. Third parties involved in past
development consultations included Jackson County and private
developers. The population of Jackson County was approximately 201,000
in 2008; thus, Jackson County exceeds the small governmental
jurisdiction population threshold of 50,000 people, and is not
considered a small governmental entity. Private developers included
local development companies, such as Galpin and Associates, and
commercial entities, such as Amy's Kitchen, Inc. Forecast consultations
on development projects are expected to include Jackson County
agencies, local private developers, and relatively large commercial
entities as contained in the consultation history.
To the extent that forecast consultations include Jackson County
agencies or large commercial entities, incremental administrative costs
will not be borne by small entities. However, a large portion of
forecast consultations for development activities are expected to
include local private developers, which may be small entities depending
on their annual revenues. In the past, development projects within the
study area included site preparation such as leveling of land, filling
of wetlands, and excavation in addition to building construction.
Therefore, land subdivision, which includes excavating land and
preparing it for future residential, commercial, and industrial
construction, is identified as the most-applicable industry to capture
local private developers that may bear incremental administrative costs
due to the designation of critical habitat. According to the final
economic analysis (pp. A-4 to A-7), expected annual impacts to the land
subdivision industry ($1,040 under the low impact scenario and $6,140
under the high impact scenario) are significantly less than the maximum
annual revenues that could be generated by a single small land
subdivision entity ($7.0 million). Even if all impacts were borne by a
single small development company, the estimated annualized impact would
represent less than one percent of total annual revenues under both the
low and high impact scenarios. Therefore, based on the foregoing
analysis, we do not expect this regulation to have a significant impact
on any small businesses.
In summary, we considered whether the designation would result in a
significant economic impact on a substantial number of small entities.
Based on the above reasoning and currently available information, we
concluded that this rule will not have a significant economic impact on
a substantial number of small businesses, small government
jurisdictions, or small organizations. Therefore, we are certifying
that the designation of critical habitat for Limnanthes floccosa ssp.
grandiflora and Lomatium cookii will not have a significant economic
impact on a substantial number of small entities, and a regulatory
flexibility analysis is not required.
Energy Supply, Distribution, or Use--Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 (E.O.
13211; ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'') on regulations that
significantly affect energy supply, distribution, and use. E.O. 13211
requires Federal agencies to prepare Statements of Energy Effects when
undertaking certain actions. OMB has provided guidance for implementing
this Executive Order that outlines nine outcomes that may constitute a
significant adverse effect when compared to not taking the regulatory
action under consideration. The economic analysis finds that none of
these criteria are relevant to this analysis. Thus, based on
information in the economic analysis, energy-related impacts associated
with Limnanthes floccosa ssp. grandiflora or Lomatium cookii
conservation activities within critical habitat are not expected. We
considered the inclusion of the additional BLM land portions in this
analysis as well. We determined that because no energy resources are
known in this area and no additional mining leases are present in the
additional BLM land portions within the critical habitat designation,
energy-related projects will not be impacted on these Federal lands. As
such, the designation of critical habitat is not expected to
significantly affect energy supplies, distribution, or use. Therefore,
this action is not a significant energy action, and no Statement of
Energy Effects is required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), we make the following findings:
(1) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, tribal
governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or Tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; AFDC work
programs; Child Nutrition; Food Stamps; Social Services Block Grants;
Vocational Rehabilitation State Grants; Foster Care, Adoption
Assistance, and Independent Living; Family Support Welfare Services;
and Child Support Enforcement. ``Federal private sector mandate''
includes a regulation that ``would impose an enforceable duty upon the
private sector, except (i) a condition of Federal assistance or (ii) a
duty arising from participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly affected by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly affected because they
receive Federal assistance or participate in a voluntary Federal aid
program, the
[[Page 42520]]
Unfunded Mandates Reform Act would not apply; nor would critical
habitat shift the costs of the large entitlement programs listed above
on to State governments.
(2) We do not believe that this rule will significantly or uniquely
affect small governments because the final economic analysis indicates
that the only incremental impacts that may be borne by small entities
are development activities The only third parties identified in the
past as having costs associated with formal section 7 consultations
related to development are Jackson County and private developers. As
the population of Jackson County, at 201,000 in 2008, exceeds the small
governmental jurisdiction population threshold of 50,000, it is not
considered a small government. Since we determined that no small
governments will be affected by this regulation, a Small Government
Agency Plan is not required.
Takings--Executive Order 12630
In accordance with E.O. 12630 (``Government Actions and
Interference with Constitutionally Protected Private Property
Rights''), we analyzed the potential takings implications of
designating critical habitat for Limnanthes floccosa ssp. grandiflora
and Lomatium cookii in a takings implications assessment. Critical
habitat designation does not affect landowner actions that do not
require Federal funding or permits, nor does it preclude development of
habitat conservation programs or issuance of incidental take permits to
permit actions that do require Federal funding or permits to go
forward. The takings implications assessment concludes that this
designation of critical habitat for Limnanthes floccosa ssp.
grandiflora and Lomatium cookii does not pose significant takings
implications for lands within or affected by the designation.
Federalism--Executive Order 13132
In accordance with E.O. 13132 (Federalism), this rule does not have
significant Federalism effects. A Federalism assessment is not
required. In keeping with Department of the Interior policy, we
requested information from, and coordinated development of, this
critical habitat designation with appropriate State resource agencies
in Oregon. The designation of critical habitat for Limnanthes floccosa
ssp. grandiflora and Lomatium cookii would impose no additional
restrictions to those currently in place and, therefore, would have
little incremental impact on State and local governments and their
activities. The designation may have some benefit to these governments
because the areas that contain the features essential for the
conservation of the species would be more clearly defined, and the
primary constituent elements of the habitat necessary to the
conservation of the species would be specifically identified. This
information would not alter where and what federally sponsored
activities may occur. However, it may assist local governments in long-
range planning (rather than having them wait for case-by-case section 7
consultations to occur).
Civil Justice Reform--Executive Order 12988
In accordance with E.O. 12988 (Civil Justice Reform), the Office of
the Solicitor has determined that the rule does not unduly burden the
judicial system and that it meets the requirements of sections 3(a) and
3(b)(2) of the Order. We have issued this final critical habitat
designation in accordance with the provisions of the Act. This final
rule uses standard property descriptions and identifies the physical or
biological features essential to the conservation of the two species
within the designated areas to assist the public in understanding the
habitat needs of Limnanthes floccosa ssp. grandiflora and Lomatium
cookii.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
It is our position that, outside the jurisdiction of the United
States Court of Appeals for the Tenth Circuit, we do not need to
prepare environmental analyses as defined by NEPA (42 U.S.C. 4321 et
seq.) in connection with designating critical habitat under the Act. We
published a notice outlining our reasons for this determination in the
Federal Register on October 25, 1983 (48 FR 49244). This position was
upheld by the United States Court of Appeals for the Ninth Circuit
(Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied
516 U.S. 1042 (1996)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997, ``American Indian Tribal
Rights, Federal-Tribal Trust Responsibilities, and the Endangered
Species Act,'' we readily acknowledge our responsibilities to work
directly with Tribes in developing programs for healthy ecosystems, to
acknowledge that Tribal lands are not subject to the same controls as
Federal public lands, to remain sensitive to Indian culture, and to
make information available to Tribes. We determined that there are no
Tribal lands that were occupied by the species at the time of listing
that contain the features essential for the conservation of Limnanthes
floccosa ssp. grandiflora and Lomatium cookii, and no unoccupied Tribal
lands that are essential for the conservation of Limnanthes floccosa
ssp. grandiflora and Lomatium cookii. Therefore, we are not designating
critical habitat for Limnanthes floccosa ssp. grandiflora and Lomatium
cookii on Tribal lands.
References Cited
A complete list of all references cited in this rulemaking is
available upon request from the State Supervisor, Oregon Fish and
Wildlife Office (see ADDRESSES) or from http://www.regulations.gov.
Authors
The primary authors of this document are staff members of the
Roseburg Field Office of the Oregon Fish and Wildlife Office, Roseburg,
Oregon.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of
the Code of Federal Regulations, as set forth below:
[[Page 42521]]
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.12(h) by revising the entries for ``Limnanthes
floccosa ssp. grandiflora'' and ``Lomatium cookii'' under ``FLOWERING
PLANTS'' in the List of Endangered and Threatened Plants to read as
follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------ Historic range Family Status When listed Critical Special rules
Scientific name Common name habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Limnanthes floccosa ssp. large-flowered U.S.A. (OR) Limnanthaceae E 733 17.96(a) NA
grandiflora woolly
meadowfoam
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lomatium cookii Cook's lomatium U.S.A. (OR) Apiaceae E 733 17.96(a) NA
(Cook's desert
parsley)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
3. In Sec. 17.96, amend paragraph (a) by adding an entry for
``Lomatium cookii'' in alphabetical order under Family Apiaceae and by
adding an entry for ``Limnanthes floccosa ssp. grandiflora'' in
alphabetical order under Family Limnanthaceae, to read as follows:
Sec. 17.96 Critical habitat--plants.
* * * * *
(a) Flowering plants.
* * * * *
Family Apiaceae: Lomatium cookii (Cook's lomatium, Cook's desert
parsley)
(1) Critical habitat units are depicted for Jackson and Josephine
Counties, Oregon, on the maps below.
(2) The primary constituent elements of critical habitat for
Lomatium cookii are the habitat components that provide:
(i) In the Rogue River Valley:
(A) Vernal pools and ephemeral wetlands and depths and the adjacent
upland margins of these depressions that hold water for a sufficient
length of time to sustain Lomatium cookii germination, growth, and
reproduction. These vernal pools or ephemeral wetlands support native
plant populations and are seasonally inundated during wet years but do
not necessarily fill with water every year due to natural variability
in rainfall. Areas of sufficient size and quality are likely to have
the following characteristics:
(1) Elevations from 372 to 411 m (1,220 to 1,350 ft);
(2) Associated dominant native plants including, but not limited
to: Alopecurus saccatus, Achnatherum lemmonii, Deschampsia
danthonioides, Eryngium petiolatum, Lasthenia californica, Myosurus
minimus, Navarretia leucocephala ssp. leucocephala, Phlox gracilis,
Plagiobothrys bracteatus, Trifolium depauperatum, and Triteleia
hyacinthina; and
(3) A minimum area of 8 ha (20 ac) to provide intact hydrology and
protection from development and weed sources.
(B) The hydrologically and ecologically functional system of
interconnected pools or ephemeral wetlands or depressions within a
matrix of surrounding uplands that together form vernal pool complexes
within the greater watershed. The associated features may include the
pool basin and ephemeral wetlands; an intact hardpan subsoil underlying
the surface soils up to 0.75 m (2.5 ft) in depth; and surrounding
uplands, including mound topography and other geographic and edaphic
features that support systems of hydrologically interconnected pools
and other ephemeral wetlands (which may vary in extent depending on
site-specific characteristics of pool size and depth, soil type, and
hardpan depth).
(C) Silt, loam, and clay soils that are of ultramafic and
nonultramafic alluvial origin, with a 0 to 3 percent slope, classified
as Agate-Winlo or Provig-Agate soils.
(D) No or negligible presence of competitive, nonnative invasive
plant species. Negligible is defined for the purpose of this rule as a
minimal level of nonnative plant species that will still allow Lomatium
cookii to continue to survive and recover.
(ii) In the Illinois River Valley:
(A) Wet meadows in oak and pine forests, sloped mixed-conifer
openings, and shrubby plant communities that are seasonally inundated
and support native plant populations. Areas of sufficient size and
quality are likely to have the following characteristics:
(1) Elevations from 383 to 488 m (1,256 to 1,600 ft);
(2) Associated dominant native plants including, but not limited
to: Achnatherum lemmonii, Arbutus menziesii, Arctostaphylos viscida,
Camassia spp., Ceanothus cuneatus, Danthonia californica, Deschampsia
cespitosa, Festuca roemeri var. klamathensis, Poa secunda, Ranunculus
occidentalis, and Limnanthes gracilis var. gracilis;
(3) Occurrence primarily in bottomland Quercus garryana-Quercus
kelloggii-Pinus ponderosa (Oregon white oak-California black oak-
ponderosa pine) forest openings along seasonal creeks; and
(4) A minimum area of 8 ha (20 ac) to provide intact hydrology and
protection from development and weed sources.
[[Page 42522]]
(B) The hydrologically and ecologically functional system of
streams, slopes, and wooded systems that surround and maintain
seasonally wet alluvial meadows underlain by relatively undisturbed
ultramafic soils within the greater watershed.
(C) Silt, loam, and clay soils that are of ultramafic and
nonultramafic alluvial origin, with a 0 to 40 percent slope, classified
as Abegg gravelly loam, Brockman clay loam, Copsey clay, Cornutt-
Dubakel complex, Dumps, Eightlar extremely stony clay, Evans loam,
Foehlin gravelly loam, Josephine gravelly loam, Kerby loam, Newberg
fine sandy loam, Pearsoll-Rock outcrop complex, Pollard loam,
Riverwash, Speaker-Josephine gravelly loam, Takilma cobbly loam, or
Takilma Variant extremely cobbly loam.
(D) No or negligible presence of competitive, nonnative invasive
plant species. Negligible is defined for the purpose of this rule as a
minimal level of nonnative plant species that will still allow Lomatium
cookii to continue to survive and recover.
(3) Critical habitat does not include manmade structures
(including, but not limited to, buildings, aqueducts, runways, roads,
and other paved areas) and the land on which they are located existing
within the legal boundaries on the effective date of this rule and not
containing one or more of the primary constituent elements.
(4) Critical habitat map units. These critical habitat units were
mapped using Universal Transverse Mercator, Zone 10, North American
Datum 1983 (UTM NAD 83) coordinates. These coordinates establish the
vertices and endpoints of the boundaries of the units.
(5) Note: Index map for critical habitat for Lomatium cookii in
Jackson County, Oregon, follows:
BILLING CODE 4310-55-S
[[Page 42523]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.000
BILLING CODE 4310-55-C
[[Page 42524]]
(6) Unit RV6, subunits A, F, G, and H, for Lomatium cookii: White
City, Jackson County, Oregon.
(i) Unit RV6, subunits A, F, G, and H for Lomatium cookii comprises
546 ha (1,349 ac) of vernal pool-mounded prairie and swale habitats.
RV6 is located around White City, is 1.6 km (1.0 mi) southwest of Eagle
Point, and is 440 m (1,444 ft) southeast of the confluence of the Rogue
River and Little Butte Creek. Subunit RV6A is located north of
Whetstone Creek and is 500 m (1,200 ft) west of the junction of Highway
62 and Antelope Road. Subunits RV6F and RV6G are located approximately
500 feet west of Dry Creek and are east of Highway 62 in White City.
Subunit RV6H is located north of Whetstone Creek and south of Antelope
Road. Subunit RV6H roughly encircles the Hoover Ponds, east of Highway
62, and is 850 m (2790 ft) east of subunit RV6A.
(ii) Subunit RV6A. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 508682, 4697061; 508738, 4697064; 508676, 4697188;
508661, 4697304; 508507, 4697315; 508489, 4697306; 508481, 4697273;
508481, 4697211; 508462, 4697147; 508428, 4697153; 508293, 4697240;
508208, 4697334; 508148, 4697450; 508117, 4697568; 508400, 4697602;
508500, 4697715; 508448, 4697967; 508341, 4698225; 508480, 4698284;
508497, 4698326; 508633, 4698334; 508626, 4698363; 508538, 4698365;
508524, 4698385; 508746, 4698450; 508773, 4698387; 508694, 4698359;
508743, 4698216; 509056, 4698316; 509010, 4698453; 509110, 4698452;
509311, 4698259; 509493, 4698102; 509545, 4698084; 509355, 4698084;
509135, 4698080; 509168, 4697920; 508972, 4697870; 509001, 4697835;
508914, 4697794; 508862, 4697823; 508722, 4697808; 508730, 4697736;
508689, 4697721; 508681, 4697635; 508712, 4697641; 509230, 4697727;
509310, 4697563; 509400, 4697202; 509440, 4697029; 509533, 4697025;
509526, 4696971; 510121, 4696967; 510129, 4697025; 511739, 4697040;
511693, 4696746; 511409, 4696723; 511413, 4696842; 511294, 4696824;
511270, 4696771; 510747, 4696759; 510740, 4696651; 511246, 4696655;
511267, 4696562; 511267, 4696383; 511092, 4696381; 510807, 4696379;
510537, 4696388; 510366, 4696504; 510324, 4696533; 510247, 4696540;
510058, 4696498; 509873, 4696508; 509813, 4696504; 509771, 4696523;
509697, 4696568; 509600, 4696585; 509529, 4696583; 509381, 4696564;
509129, 4696552; 508984, 4696573; 508671, 4696641; 508573, 4696683;
508455, 4696744; 508400, 4696802; 508320, 4696828; 508235, 4696956;
508214, 4697027; 508463, 4697104; 508601, 4697067; 508682, 4697061.
(iii) Subunit RV6F. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 516157, 4697446; 516113, 4697319; 515222,
4697324; 515202, 4697271; 515033, 4697285; 515035, 4697791; 516149,
4697751; 516157, 4697446. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 516162, 4698466; 516140, 4698214; 516149,
4697960; 516028, 4697955; 515942, 4697933; 515819, 4697947; 515752,
4697925; 515666, 4697936; 515540, 4697896; 515376, 4697904; 515041,
4697952; 515055, 4698348; 515122, 4698420; 515165, 4698417; 515315,
4698305; 515395, 4698283; 515403, 4698340; 515478, 4698342; 515481,
4698391; 515548, 4698393; 515559, 4698222; 515620, 4698219; 515631,
4698409; 515864, 4698377; 515854, 4698240; 515996, 4698278; 516023,
4698463; 516162, 4698466.
(iv) Subunit RV6G. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 517363, 4696759; 517380, 4696683; 517424, 4696639;
517460, 4696648; 517526, 4696572; 517491, 4696542; 517351, 4696625;
517287, 4696695; 517217, 4696740; 517193, 4696711; 516712, 4696690;
516601, 4696630; 516302, 4696628; 516213, 4696595; 516180, 4696557;
516180, 4696505; 516183, 4696483; 516100, 4696483; 516062, 4696483;
516060, 4696499; 516076, 4696561; 516057, 4696567; 516025, 4696439;
516024, 4696360; 516020, 4696326; 516027, 4696295; 516057, 4696293;
516065, 4696236; 516030, 4696218; 515906, 4696192; 515899, 4696751;
516095, 4696752; 516098, 4696895; 516245, 4696937; 516405, 4696975;
516400, 4697547; 516449, 4697593; 516578, 4697590; 516640, 4697528;
516664, 4697441; 516684, 4697224; 516998, 4697195; 517053, 4697116;
517155, 4696992; 517363, 4696759.
(v) Subunit RV6H. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 514039, 4696369; 514010, 4696329; 513917, 4696330;
513916, 4696504; 514016, 4696501; 514032, 4696482; 514055, 4696458;
514039, 4696369. Land bounded by the following UTM Zone 10, NAD83
coordinates: 515596, 4696769; 515482, 4696601; 515485, 4696329; 515383,
4696329; 515379, 4696456; 515331, 4696534; 515282, 4696436; 515109,
4696430; 515109, 4696331; 514782, 4696332; 514786, 4696393; 514755,
4696396; 514759, 4696508; 514563, 4696535; 514455, 4696768; 513944,
4696774; 513856, 4696770; 513517, 4696773; 512576, 4696788; 512574,
4696856; 512830, 4696853; 512830, 4696908; 512922, 4696905; 512920,
4696879; 513081, 4696880; 513080, 4696856; 513180, 4696855; 513180,
4696898; 513307, 4696897; 513306, 4696851; 513454, 4696851; 513453,
4696893; 513530, 4696893; 513530, 4696838; 513609, 4696837; 513609,
4696894; 513759, 4696895; 513759, 4696810; 514173, 4696809; 514173,
4696891; 514244, 4696895; 514244, 4696811; 514555, 4696812; 514683,
4696816; 514681, 4696895; 514857, 4696895; 514855, 4696758; 515028,
4696760; 515027, 4696933; 515599, 4696932; 515599, 4696888; 515599,
4696769; 515596, 4696769. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 515111, 4696236; 515252, 4696236; 515301,
4696272; 515387, 4696272; 515386, 4696252; 515594, 4696267; 515596,
4696108; 515512, 4695943; 515429, 4695944; 515427, 4695837; 515180,
4695837; 515180, 4695990; 515092, 4695990; 515090, 4696228; 514916,
4696225; 514922, 4695895; 514706, 4695899; 514713, 4695991; 514298,
4695895; 514273, 4695897; 514269, 4696102; 514075, 4696098; 514071,
4695895; 513880, 4695899; 513880, 4696153; 513977, 4696151; 513977,
4696227; 514156, 4696236; 514261, 4696239; 514731, 4696231; 514731,
4696288; 515110, 4696301; 515111, 4696236.
(vi) Note: Map of Unit RV6 for Lomatium cookii follows:
BILLING CODE 4310-55-S
[[Page 42525]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.001
[[Page 42526]]
(7) Unit RV8 for Lomatium cookii: Whetstone Creek, Jackson County,
Oregon.
(i) Unit RV8 for Lomatium cookii consists of 344 ha (850 ac) of
vernal pool-mounded prairie and swale habitat. Unit RV8 is located
approximately 1.4 km (0.9 mi) southeast of the confluence of the Rogue
River and Whetstone Creek, 2.2 km (1.4 mi) southwest of Tou Velle State
Park, and 2.9 km southeast of the confluence of Bear Creek and the
Rogue River. The unit roughly parallels a 2.6-km (1.6-mi) stretch of
Whetstone Creek to the south.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 507195, 4697380; 507335, 4697312; 507411, 4697148; 507489,
4696991; 507579, 4696913; 507601, 4696830; 507604, 4696619; 507801,
4696622; 507961, 4696620; 508057, 4696621; 508104, 4696621; 508124,
4696618; 508138, 4696555; 508140, 4696483; 508140, 4696428; 508089,
4696423; 508033, 4696423; 508008, 4696409; 507958, 4696429; 507973,
4696461; 507944, 4696487; 507916, 4696475; 507860, 4696472; 507797,
4696307; 507804, 4695886; 508202, 4695883; 508202, 4695051; 507814,
4695057; 507820, 4695259; 507012, 4695259; 507015, 4695418; 506686,
4695430; 506686, 4695706; 506801, 4695704; 506794, 4695971; 506517,
4695974; 506517, 4695919; 506390, 4695914; 506389, 4695791; 506199,
4695790; 506198, 4695840; 505725, 4695839; 505725, 4695794; 505589,
4695791; 505586, 4695960; 505787, 4695957; 505792, 4696631; 506152,
4696631; 506531, 4696643; 506981, 4696645; 506986, 4696916; 506820,
4696916; 506824, 4697131; 506986, 4697131; 506988, 4697318; 506789,
4697291; 506787, 4697223; 506578, 4697214; 506578, 4696879; 506509,
4696842; 506262, 4697197; 505415, 4697033; 505412, 4697323; 505491,
4697339; 505512, 4697123; 505945, 4697194; 505959, 4697246; 505876,
4697283; 505669, 4697233; 505601, 4697265; 505627, 4697366; 506667,
4697565; 506868, 4697490; 507015, 4697441; 507195, 4697380.
(iii) Note: Map of Unit RV8 for Lomatium cookii follows:
[[Page 42527]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.002
[[Page 42528]]
(8) Unit RV9, subunits A, B, C, D and E, for Lomatium cookii:
Medford Airport, Jackson County, Oregon.
(i) Unit RV9, subunits A through E, consists of 34 ha (83 ac) of
slightly degraded vernal pool-mounded prairie habitat. The five
subunits of RV9 are located mostly within the Rogue Valley
International-Medford Airport, approximately 2 km (1.2 mi) west of
Coker Butte and 1.5 km (0.9 mi) northeast of Bear Creek. Subunit RV9A
is located 1.4 km (0.9 mi) north of the Rogue Valley International-
Medford Airport and is 300 m (980 ft) east of the junction of Vilas
Road and Table Rock Road. Subunits RV9B through E are located between
Upton Slough and Bear Creek, 2 mi (1.2 km) southeast of the junction of
Vilas Road and Table Rock Road, and 1.7 km northeast of the junction of
Interstate 5 and Highway 62.
(ii) Subunit RV9A. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 509758, 4692789; 509752, 4692988; 509793, 4692988;
509805, 4692970; 509823, 4692950; 509906, 4692730; 509892, 4692718;
509856, 4692677; 509772, 4692739; 509758, 4692789.
(iii) Subunit RV9B. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 510350, 4691725; 510347, 4691751; 510396,
4691782; 510425, 4691783; 510450, 4691777; 510460, 4691769; 510464,
4691744; 510476, 4691665; 510596, 4691576; 510754, 4691398; 510518,
4691300; 510350, 4691725.
(iv) Subunit RV9C. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 510986, 4691013; 510999, 4690872; 510623, 4691028;
510540, 4691245; 510684, 4691307; 510779, 4691332; 510841, 4691196;
510856, 4691169; 510904, 4691180; 510940, 4691117; 510972, 4691050;
510986, 4691013.
(v) Subunit RV9D. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 510787, 4690863; 511011, 4690792; 511014, 4690640;
510938, 4690621; 510948, 4690581; 510866, 4690542; 510787, 4690863.
(vi) Subunit RV9E. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 511100, 4690937; 511261, 4690939; 511278, 4690807;
511295, 4690692; 511182, 4690560; 511065, 4690602; 511069, 4690886;
511100, 4690937.
(vii) Note: Map of Unit RV9 for Lomatium cookii follows:
[[Page 42529]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.003
[[Page 42530]]
(9) Note: Index map for critical habitat for Lomatium cookii in
Josephine County, Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TR21JY10.004
[[Page 42531]]
(10) Unit IV1 for Lomatium cookii: Anderson Creek, Josephine
County, Oregon.
(i) Units IV1A and B comprise 35 ha (85 ac) of wet meadow and
sloped mixed conifer habitat. Unit IV1A is located 3.5 km (2.2 mi)
north of Selma, and 14 km (8.8 mi) north of Cave Junction; it is along
a 1.0-km (0.6-mi) stretch of Anderson Creek and Highway 199, 2.0 km
(1.2 mi) southwest of Hays Hill Summit. It is also 1.7 km (1.0 mi)
northwest of the junction of Draper Valley Road and Indian Creek Road.
Unit IV1B is located 3.5 km (2.2 mi) north of Selma, 3.4 km (2.1 mi)
southwest of Hays Hill Summit, and 0.8 km (0.5 mi) west of the junction
of Draper Valley Road and Highway 199.
(ii) Subunit IV1A. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 450132, 4685506; 450182, 4685423; 450258, 4685440;
450341, 4685369; 450451, 4685337; 450492, 4685286; 450463, 4685214;
450384, 4685168; 450324, 4685180; 450136, 4684939; 450097, 4684797;
450125, 4684724; 450118, 4684663; 450077, 4684623; 449974, 4684595;
449871, 4684503; 449827, 4684535; 449857, 4684682; 450010, 4684867;
449977, 4685017; 449977, 4685154; 450132, 4685506.
(iii) Subunit IV1B. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 449150, 4684684; 449149, 4684605; 449148,
4684439; 449114, 4684455; 449059, 4684456; 449045, 4684474; 449000,
4684486; 448952, 4684470; 448914, 4684459; 448897, 4684429; 448877,
4684363; 448879, 4684332; 448899, 4684317; 448945, 4684277; 448977,
4684227; 449006, 4684202; 448742, 4684203; 448745, 4684608; 448751,
4684601; 448779, 4684597; 448849, 4684594; 448885, 4684594; 448934,
4684599; 448943, 4684575; 448985, 4684603; 448983, 4684633; 448948,
4684633; 448938, 4684658; 448951, 4684678; 448956, 4684717; 448981,
4684714; 448981, 4684699; 448990, 4684669; 449018, 4684661; 449018,
4684685; 449018, 4684717; 449026, 4684742; 449050, 4684727; 449080,
4684701; 449136, 4684690; 449150, 4684684.
(iv) Note: Map of Unit IV1 for Lomatium cookii follows:
[[Page 42532]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.005
[[Page 42533]]
(11) Unit IV2 for Lomatium cookii: Draper Creek, Josephine County,
Oregon.
(i) Unit IV2 is composed of 28 ha (70 ac) of intact wet meadow
habitat. It is located 2.7 km (1.7 mi) northeast of Selma and 13.5 km
(8.4 mi) north of Cave Junction; it is along a 900-m (2,900-ft) stretch
of Draper Creek, and is located 800 m (2,600 ft) east of Anderson
Creek. The unit is 800 m (2,600 ft) north-northwest of the confluence
of Draper Creek and Davis Creek and is 200 m (650 ft) southeast of the
junction of Draper Valley Road and Indian Creek Road.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 451242, 4684043; 451367, 4683993; 451532, 4683974; 451567,
4684008; 451563, 4683891; 451602, 4683895; 451664, 4684005; 451837,
4683999; 451708, 4683823; 451520, 4683799; 451367, 4683807; 451246,
4683828; 451140, 4683742; 451113, 4683558; 451204, 4683559; 451187,
4683497; 451114, 4683457; 451153, 4683370; 451217, 4683399; 451290,
4683586; 451509, 4683580; 451525, 4683544; 451534, 4683523; 451476,
4683336; 451436, 4683194; 451357, 4683165; 451274, 4683025; 451205,
4682997; 451325, 4683367; 450977, 4683347; 450991, 4683498; 450994,
4683565; 451023, 4683703; 451077, 4683769; 451148, 4683813; 451171,
4684155; 451242, 4684043.
(iii) Note: Map of Unit IV2 for Lomatium cookii follows:
[[Page 42534]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.006
[[Page 42535]]
(12) Unit IV3 for Lomatium cookii: Reeves Creek North, Josephine
County, Oregon.
(i) Unit IV3 consists of 152 ha (374 ac) of sloped, mixed-conifer
and shrubby habitat. The unit is located 1.4 km (0.9 mi) east of the
confluence between Reeves Creek and the Illinois River and extends
along a 2.0-km (1.2-mi) stretch of Reeves Creek, beginning 800 m (2,600
ft) northeast of the junction of Highway 199 and Reeves Creek Road.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 448276, 4676491; 448458, 4676873; 449039, 4676838; 448978,
4676517; 448683, 4676474; 448666, 4676179; 448728, 4676143; 448827,
4676123; 448859, 4676108; 448896, 4676118; 448997, 4676041; 448939,
4676025; 448960, 4675969; 449010, 4675973; 449127, 4676059; 449191,
4676174; 449529, 4676177; 449689, 4675977; 449532, 4675889; 449117,
4675963; 449040, 4675946; 449024, 4675903; 448977, 4675892; 448941,
4675901; 448885, 4675863; 448760, 4675868; 448666, 4675896; 448660,
4675740; 448683, 4675670; 448686, 4675616; 448981, 4675417; 448959,
4675299; 448712, 4675277; 448492, 4675271; 448302, 4675185; 448169,
4675138; 448122, 4675056; 448047, 4675038; 447955, 4675039; 447793,
4674995; 447385, 4675030; 447297, 4675078; 447332, 4675186; 447413,
4675274; 447460, 4675349; 447598, 4675567; 447729, 4675595; 447891,
4675474; 448011, 4675337; 448060, 4675460; 448051, 4675607; 448146,
4675902; 448276, 4676491.
(iii) Note: Map of Unit IV3 for Lomatium cookii follows:
[[Page 42536]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.007
[[Page 42537]]
(13) Unit IV4 for Lomatium cookii: Reeves Creek East, Josephine
County, Oregon.
(i) Unit IV4 consists of 83 ha (204 ac) of sloped, partially open,
mixed-conifer and shrubby habitat. It is located 6.2 km (3.9 mi) south
of Selma and 5.3 km (3.3 mi) northwest of Cave Junction. It occurs
along a 500-m (1,640-ft) stretch of Reeves Creek located 700 m (2,300
ft) southeast of Unit IV3.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 449612, 4674933; 449711, 4674820; 450157, 4674883; 450256,
4674770; 450285, 4674544; 449952, 4674692; 449433, 4674503; 449839,
4674347; 449880, 4674218; 449973, 4674142; 449517, 4674284; 449245,
4674277; 449095, 4674152; 449070, 4674020; 449043, 4673847; 448669,
4674070; 448655, 4674292; 448663, 4674667; 449056, 4674737; 449325,
4674713; 449352, 4674792; 449385, 4674933; 449392, 4675032; 449506,
4675096; 449626, 4675075; 449612, 4674933.
(iii) Note: Map of Unit IV4 for Lomatium cookii follows:
[GRAPHIC] [TIFF OMITTED] TR21JY10.008
[[Page 42538]]
(14) Unit IV5 for Lomatium cookii: Reeves Creek South, Josephine
County, Oregon.
(i) Unit IV5 consists of 165 ha (407 ac) of sloped, partially open,
mixed-conifer and understory shrub habitat. The unit is roughly
parallel to Highway 199 for 2.5 km (1.6 mi), which is 500 m (1,640 ft)
west of the unit. The unit is located 1.6 km (1.0 mi) north of Cave
Junction, 1 km (0.6 mi) southeast of Sauers Flat, 800 m (2,600 ft) east
of Kerby, and 1.2 km (0.7 mi) east of the confluence between Holton
Creek and the Illinois River.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 447813, 4673676; 448511, 4673617; 448634, 4673624; 448605,
4672768; 448091, 4672785; 448091, 4672895; 448015, 4672943; 447825,
4672913; 447706, 4672798; 447736, 4672665; 447769, 4672517; 447680,
4672274; 447717, 4672211; 447617, 4672018; 447088, 4672018; 446995,
4672190; 446954, 4672289; 447462, 4672237; 447465, 4672320; 447467,
4672377; 447295, 4672338; 447098, 4672373; 446891, 4672547; 446936,
4672673; 446913, 4672828; 446936, 4672982; 447024, 4673030; 447135,
4673141; 447141, 4673266; 447102, 4673670; 447813, 4673676; and
excluding land bound by 447470, 4673148; 447474, 4673000; 448289,
4673443; 448361, 4673480; 448056, 4673583; 447789, 4673459; 447703,
4673370; 447653, 4673327; 447540, 4673183; 447470, 4673148.
(iii) Note: Map of Unit IV5 for Lomatium cookii follows:
[[Page 42539]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.009
[[Page 42540]]
(15) Unit IV6 for Lomatium cookii: Laurel Road, Josephine County,
Oregon.
(i) Unit IV6 totals 182 ha (449 ac) of intact wet meadow habitat.
It is located west and alongside of the base of Lime Rock, 1.2 km (0.7
mi) east of the city of Cave Junction; it follows along Highway 46 for
1.5 km (0.9 mi). Subunit IV6A is located 1.2 km (0.7 mi) west of Lime
Rock summit, 1.0 km east of the junction of Laurel Road and Highway
199; it is also roughly parallel to Highway 199 for 1.3 km (0.8 mi).
Highway 199 lies approximately 1.0 km (0.6 mi) west of the subunit.
Subunit IV6B is 2.7 km (1.7 mi) east of the confluence of the east and
west forks of the Illinois River and from the intersection of Holland
Loop Road and Highway 46; it extends approximately 1.8 km (1.1 mi) to
the northeast and 2.7 km (1.7 mi) to the north.
(ii) Subunit IV6A. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 447915, 4669143; 447884, 4669102; 447844, 4669113;
447817, 4669680; 447889, 4669722; 448020, 4669672; 448088, 4669651;
448148, 4669577; 448043, 4669483; 447961, 4669371; 447915, 4669143.
(iii) Subunit IV6B. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 447995, 4668541; 448124, 4668534; 448243,
4668595; 448295, 4668599; 448401, 4668490; 448454, 4668424; 448336,
4668236; 448350, 4668124; 448483, 4668066; 448642, 4668007; 448717,
4667844; 448664, 4667660; 448577, 4667497; 448475, 4667436; 448477,
4667288; 448509, 4667198; 448502, 4667095; 448553, 4666970; 448620,
4666860; 448695, 4666785; 448659, 4666660; 448631, 4666630; 448629,
4666574; 448668, 4666536; 448732, 4666526; 448785, 4666539; 448837,
4666577; 448933, 4666638; 449056, 4666710; 449161, 4666695; 449189,
4666691; 449210, 4666682; 449276, 4666678; 449322, 4666673; 449392,
4666713; 449531, 4666825; 449600, 4666919; 449693, 4666995; 449785,
4667095; 449844, 4667213; 449928, 4667313; 449987, 4667456; 450145,
4667497; 450235, 4667417; 450195, 4667078; 450175, 4666769; 450055,
4666789; 449816, 4666659; 449487, 4666440; 449238, 4666370; 449098,
4666310; 448968, 4666320; 448827, 4666306; 448695, 4666262; 448553,
4666285; 448332, 4666456; 448239, 4666688; 448258, 4666822; 448240,
4666931; 448183, 4666990; 448123, 4667096; 448085, 4667169; 448033,
4667174; 448089, 4667314; 448094, 4667421; 448189, 4667676; 448059,
4667939; 447914, 4667994; 447866, 4668059; 447896, 4668110; 447895,
4668175; 447813, 4668216; 447791, 4668343; 447953, 4668499; 447903,
4668531; 447872, 4668639; 447821, 4668667; 447771, 4668817; 447780,
4668907; 447843, 4668953; 447966, 4668848; 447928, 4668645; 447946,
4668592; 447995, 4668541.
(iv) Note: Map of Unit IV6 for Lomatium cookii follows:
[[Page 42541]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.010
[[Page 42542]]
(16) Unit IV7 for Lomatium cookii: Illinois River Forks State Park,
Josephine County, Oregon.
(i) Unit IV7 consists of 55 ha (136 ac) of intact wet meadow
habitat. The unit is located 500 m (1,640 ft) west of the city of Cave
Junction and 600 m (1,970 ft) southeast of Pomeroy Dam; it is also 230
m (750 ft) east of the confluence of the east and west forks of the
Illinois River. The unit occurs along a 2.8-km (1.7-mi) stretch of the
West Fork Illinois River.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 445508, 4666492; 445320, 4666474; 445333, 4666529; 445472,
4666674; 445638, 4666805; 445696, 4666819; 445706, 4666849; 445731,
4666940; 445743, 4667030; 445726, 4667090; 445715, 4667125; 445689,
4667176; 445687, 4667211; 445688, 4667332; 445687, 4667475; 445653,
4667666; 445641, 4667749; 445580, 4667858; 445635, 4667943; 445719,
4667985; 445774, 4667973; 445790, 4667964; 445876, 4667862; 446014,
4667763; 446050, 4667715; 446148, 4667618; 446215, 4667513; 446232,
4667463; 446308, 4667402; 446352, 4667318; 446316, 4667270; 446235,
4667064; 446058, 4667012; 445907, 4667006; 445792, 4666909; 445701,
4666625; 445508, 4666492.
(iii) Note: Map of Unit IV7 for Lomatium cookii follows:
[[Page 42543]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.011
[[Page 42544]]
(17) Unit IV8 for Lomatium cookii: Woodcock Mountain, Josephine
County, Oregon.
(i) Unit IV8 consists of 234 ha (579 ac) of wet meadow and shrubby
habitat. The unit is located 2.4 km (1.5 mi) southwest of the city of
Cave Junction, 5.3 km (3.3 mi) north of O'Brien, and 140 m (ft) west of
the confluence of Woodcock Creek and the West Fork Illinois River. It
occurs along a 3.3-km (2.0-mi) stretch of West Side Road. Unit IV7 is
400 m (ft) west of Highway 199 and roughly parallels the highway for
5.0 km (3.1 mi).
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 443846, 4667157; 443898, 4667120; 443924, 4667187; 443973,
4667221; 443980, 4667180; 444040, 4667176; 444088, 4667165; 444141,
4667053; 444137, 4666930; 444130, 4666762; 444088, 4666665; 444092,
4666591; 444036, 4666561; 444006, 4666509; 443939, 4666464; 443939,
4666400; 443980, 4666270; 443980, 4666244; 443977, 4666054; 443924,
4665878; 443880, 4665770; 443857, 4665769; 443771, 4664523; 443771,
4664523; 443771, 4664523; 443770, 4664521; 443769, 4664516; 443770,
4664521; 443906, 4664511; 444239, 4664616; 444385, 4664613; 444251,
4664468; 444198, 4664401; 444257, 4664194; 444161, 4664104; 444083,
4664031; 444015, 4663890; 443841, 4663800; 443585, 4663911; 443585,
4663913; 443515, 4664031; 443493, 4664113; 443475, 4664263; 443394,
4664207; 443284, 4664253; 443063, 4664194; 442808, 4664117; 442740,
4663972; 442808, 4663811; 442952, 4663582; 443181, 4663471; 442872,
4663436; 442588, 4663587; 442401, 4663342; 442126, 4663405; 442265,
4663615; 442369, 4663881; 442367, 4664125; 442343, 4664212; 442360,
4664236; 442829, 4664515; 443311, 4664707; 443674, 4664901; 443667,
4664967; 443430, 4664902; 443467, 4665175; 443418, 4665182; 443331,
4665232; 443366, 4665300; 443386, 4665399; 443497, 4665400; 443525,
4665616; 443604, 4665877; 443586, 4666169; 443514, 4666146; 443480,
4666191; 443354, 4666208; 443409, 4666348; 443510, 4666494; 443697,
4666430; 443734, 4666576; 443540, 4666654; 443545, 4666707; 443545,
4666830; 443587, 4666949; 443626, 4666975; 443596, 4667154; 443643,
4667252; 443749, 4667333; 443846, 4667157.
(iii) Note: Map of Unit IV8 for Lomatium cookii follows:
[[Page 42545]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.012
[[Page 42546]]
(18) Unit IV9 for Lomatium cookii: Riverwash, Josephine County,
Oregon.
(i) Unit IV9 consists of 12 ha (30 ac) of intact wet meadow and
streambank habitat. It is located 4.2 km (2.6 mi) south of Cave
Junction and 6.1 km (3.8 mi) north-northeast of O'Brien. It is located
along the east bend of the West Fork Illinois River, 700 m (2,300 ft)
south (upstream) of the confluence between Woodcock Creek and the West
Fork Illinois River.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 444883, 4663457; 444724, 4663445; 444595, 4663365; 444497,
4663369; 444452, 4663397; 444459, 4663432; 444435, 4663525; 444421,
4663612; 444466, 4663710; 444473, 4663599; 444484, 4663571; 444508,
4663525; 444542, 4663493; 444575, 4663465; 444670, 4663455; 444715,
4663474; 444715, 4663547; 444715, 4663648; 444729, 4663713; 444771,
4663752; 444819, 4663847; 444962, 4663766; 445015, 4663648; 444987,
4663516; 444883, 4663457.
(iii) Note: Map of Unit IV9 for Lomatium cookii follows:
[GRAPHIC] [TIFF OMITTED] TR21JY10.013
[[Page 42547]]
(19) Unit IV10 for Lomatium cookii: French Flat North, Josephine
County, Oregon.
(i) Unit IV10 consists of 45 ha (110 ac) of intact wet meadow
habitat. The unit is located 3.7 km (2.3 mi) south of Cave Junction,
900 m (2,950 ft) north of the intersection of Sherrier Drive and
Raintree Drive, and 1.7 km (1.1 mi) southwest of the confluence of
Althouse Creek and the East Fork Illinois River. It parallels a 300-m
(980-ft) stretch of Rockydale Road.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 447956, 4662384; 447864, 4662351; 447753, 4662432; 447747,
4662626; 447490, 4662860; 447444, 4663221; 447510, 4663470; 447707,
4663483; 447812, 4663325; 448085, 4662952; 448070, 4662820; 448048,
4662620; 448015, 4662488; 447956, 4662384.
(iii) Note: Map of Unit IV10 for Lomatium cookii follows:
[GRAPHIC] [TIFF OMITTED] TR21JY10.014
[[Page 42548]]
(20) Unit IV11 for Lomatium cookii: Rough and Ready Creek,
Josephine County, Oregon.
(i) Unit IV11 consists of 118 ha (292 ac) of intact wet meadow
habitat. The unit roughly follows along and is adjacent to a 1.9-km
(1.2-mi) stretch of Airport Drive. It is located 3 km (1.9 mi) north of
O'Brien, 900 m (2,950 ft) west of the Rough and Ready Forest Wayside
State Park, and 122 m (400 ft) east of the confluence with the Illinois
River and Rough and Ready Creek.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 442862, 4661486; 442625, 4661442; 442689, 4661348; 442630,
4661262; 442562, 4661221; 442512, 4661248; 442512, 4661371; 442436,
4661297; 442433, 4661288; 442341, 4661017; 442458, 4660908; 442511,
4660943; 442971, 4661379; 443227, 4661360; 443325, 4661183; 443256,
4660632; 443089, 4660583; 442548, 4660357; 442155, 4660436; 442145,
4660646; 441956, 4660645; 441789, 4660666; 441658, 4660784; 441668,
4660973; 441996, 4661062; 442086, 4661071; 442133, 4661127; 442182,
4661207; 442263, 4661293; 442503, 4661493; 442493, 4661461; 442794,
4661712; 442973, 4662010; 443075, 4662031; 443124, 4662015; 443065,
4661934; 443031, 4661819; 442897, 4661772; 442897, 4661615; 442862,
4661486.
(iii) Note: Map of Unit IV11 for Lomatium cookii follows:
[[Page 42549]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.015
[[Page 42550]]
(21) Unit IV12 for Lomatium cookii: French Flat Middle, Josephine
County, Oregon.
(i) Unit IV12 consists of 492 ha (1,216 ac) of intact wet meadow
habitat. The unit is located 4.5 km (2.8 mi) east of Cave Junction, 3.7
km (2.3 mi) northeast of O'Brien, 140 m (460 ft) north and 560 m (1,830
ft) west of Esterly Lakes, 1.4 km (0.9 mi) northeast of Indian Hill,
and 300 m (960 ft) east of the confluence of Rough and Ready Creek and
the West Fork Illinois River. It also follows along a 1.6-km (1.0-mi)
stretch of Rockydale Road until the junction with Waldo Road.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 446860, 4662173; 447187, 4661885; 447051, 4661211; 447318,
4661198; 447598, 4661287; 447854, 4661630; 447956, 4661565; 448150,
4661463; 448171, 4661156; 448171, 4660872; 448158, 4660646; 447992,
4660335; 447933, 4660103; 447996, 4659837; 448078, 4659190; 448032,
4658899; 448111, 4658574; 448105, 4658100; 447946, 4657750; 447889,
4657708; 447783, 4657691; 447694, 4657657; 447599, 4657617; 447606,
4657696; 447530, 4657694; 447460, 4657675; 447331, 4657771; 447192,
4657971; 447148, 4657913; 447153, 4657860; 447108, 4657850; 447002,
4657429; 446901, 4657426; 446891, 4657015; 446491, 4657016; 446486,
4656704; 446483, 4656571; 446158, 4656530; 446086, 4656613; 446096,
4656823; 446093, 4656927; 446184, 4657078; 446369, 4657289; 446437,
4657345; 446442, 4657429; 446371, 4657514; 446388, 4657680; 446620,
4657952; 446539, 4658228; 446523, 4658301; 446450, 4658228; 446368,
4658309; 446571, 4658480; 446653, 4658714; 446987, 4659084; 446986,
4659084; 447091, 4659468; 447051, 4660049; 446986, 4660333; 446978,
4660650; 446934, 4660899; 446892, 4661165; 446971, 4661345; 447019,
4661742; 446833, 4661998; 446612, 4661880; 446518, 4661854; 446373,
4661691; 446172, 4661506; 446185, 4661367; 446068, 4661157; 445999,
4660871; 445820, 4660681; 445645, 4660416; 445588, 4659882; 445649,
4659438; 445473, 4659358; 445241, 4659711; 445523, 4660294; 445473,
4660538; 445584, 4660791; 445767, 4660848; 445749, 4661392; 446200,
4661854; 446534, 4662135; 446860, 4662173; and excluding land bound by
447273, 4659208; 447203, 4659076; 446889, 4658443; 446818, 4658110;
446840, 4658012; 446808, 4657965; 446838, 4657883; 446882, 4657863;
447019, 4657935; 447073, 4658033; 447029, 4658069; 446977, 4658167;
447192, 4658493; 447212, 4658784; 447290, 4658824; 447455, 4658678;
447581, 4658749; 447723, 4658749; 447975, 4658749; 447971, 4658840;
447876, 4659346; 447403, 4659604; 447407, 4659962; 447305, 4660216;
447329, 4660591; 447452, 4660569; 447689, 4660530; 447706, 4660555;
447643, 4660838; 447497, 4660883; 447296, 4660866; 447186, 4660643;
447167, 4660448; 447273, 4659208.
(iii) Note: Map of Unit IV12 for Lomatium cookii follows:
[[Page 42551]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.016
[[Page 42552]]
(22) Unit IV13 for Lomatium cookii: Indian Hill, Josephine County,
Oregon.
(i) Unit IV13 consists of 22 ha (54 ac) of intact wet meadow
habitat. The unit is located adjacent to and lies east of a 900-m
(2,950-ft) stretch of the West Fork Illinois River. It is located
approximately 300 m south (upstream) of the confluence of Rough and
Ready Creek and the West Fork Illinois River. The unit is 1.8 km (1.1
mi) northeast of O'Brien and 350 m (1,150 ft) northwest of Indian Hill.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 443565, 4658691; 443534, 4658677; 443500, 4658696; 443621,
4658819; 443630, 4658917; 443620, 4659030; 443690, 4659187; 443771,
4659300; 443840, 4659363; 443908, 4659385; 444024, 4659638; 444098,
4659659; 444117, 4659555; 444078, 4659294; 444078, 4659182; 444062,
4659116; 444017, 4659076; 443966, 4659029; 443874, 4658947; 443829,
4658895; 443726, 4658830; 443642, 4658741; 443565, 4658691.
(iii) Note: Map of Unit IV13 for Lomatium cookii follows:
[GRAPHIC] [TIFF OMITTED] TR21JY10.017
[[Page 42553]]
* * * * *
Family Limnanthaceae: Limnanthes floccosa ssp. grandiflora (large-
flowered woolly meadowfoam)
(1) Critical habitat units for Jackson County, Oregon, are depicted
on the maps below.
(2) The primary constituent elements of critical habitat for
Limnanthes floccosa ssp. grandiflora are the following habitat
components:
(i) Vernal pools or ephemeral wetlands and the adjacent upland
margins of these depressions that hold water for a sufficient length of
time to sustain Limnanthes floccosa ssp. grandiflora germination,
growth, and reproduction, occurring in the Rogue River Valley vernal
pool landscape. These vernal pools or ephemeral wetlands are seasonally
inundated during wet years but do not necessarily fill with water every
year due to natural variability in rainfall, and support native plant
populations. Areas of sufficient size and quality are likely to have
the following characteristics:
(A) Elevations from 372 to 469 m (1,220 to 1,540 ft);
(B) Associated dominant native plants including, but not limited
to: Alopecurus saccatus, Deschampsia danthonioides, Eryngium
petiolatum, Lasthenia californica, Myosurus minimus, Navarretia
leucocephala ssp. leucocephala, Phlox gracilis, Plagiobothrys
bracteatus, Trifolium depauperatum, and Triteleia hyacinthina.
(C) A minimum area of 8 ha (20 ac) to provide intact hydrology and
protection from development and weed sources.
(ii) The hydrologically and ecologically functional system of
interconnected pools, ephemeral wetlands, or depressions within a
matrix of surrounding uplands that together form vernal pool complexes
within the greater watershed. The associated features may include the
pool basin or depressions; an intact hardpan subsoil underlying the
surface soils up to 0.75 m (2.5 ft) in depth; and surrounding uplands,
including mound topography and other geographic and edaphic features,
that support these systems of hydrologically interconnected pools and
other ephemeral wetlands (which may vary in extent depending on site-
specific characteristics of pool size and depth, soil type, and hardpan
depth).
(iii) Silt, loam, and clay soils that are of alluvial origin, with
a 0 to 3 percent slope, primarily classified as Agate-Winlo complex
soils, but also including Coker clay, Carney clay, Provig-Agate complex
soils, and Winlo very gravelly loam soils.
(iv) No or negligible presence of competitive, nonnative, invasive
plant species. Negligible is defined for the purpose of this rule as a
minimal level of nonnative plant species that will still allow
Limnanthes floccosa ssp. grandiflora to continue to survive and
recover.
(3) Critical habitat does not include manmade structures
(including, but not limited to, buildings, aqueducts, runways, roads,
and other paved areas) and the land on which they are located existing
within the legal boundaries on the effective date of this rule and not
containing one or more of the primary constituent elements.
(4) Critical habitat unit maps. These critical habitat units were
mapped using Universal Transverse Mercator, Zone 10, North American
Datum 1983 (UTM NAD 83) coordinates. These coordinates establish the
vertices and endpoints of the boundaries of the units.
(5) Note: Index map for critical habitat for Limnanthes floccosa
ssp. grandiflora in Jackson County, Oregon, follows:
[[Page 42554]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.018
[[Page 42555]]
(6) Unit RV1 for Limnanthes floccosa ssp. grandiflora: Shady Cove,
Jackson County, Oregon.
(i) Unit RV1 consists of approximately 8 ha (20 ha) of intact
vernal pool-mounded prairie habitat. The unit is located 460 m (1,500
ft) west of Highway 62 and parallels a 430-m (1,411-ft) stretch of the
highway. The unit is 0.8 km (0.5 mi) south of Shady Cove, 1.3 km (0.8
mi) northeast of Takelma Park, and 122 m (400 ft) east of the Rogue
River.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 514512, 4714448; 514563, 4714380; 514580, 4714338; 514442,
4714339; 514429, 4714389; 514204, 4714397; 514161, 4714376; 514207,
4714456; 514224, 4714494; 514242, 4714529; 514246, 4714597; 514242,
4714640; 514220, 4714682; 514217, 4714728; 514247, 4714766; 514288,
4714774; 514335, 4714771; 514354, 4714747; 514360, 4714707; 514363,
4714651; 514414, 4714543; 514450, 4714495; 514512, 4714448.
(iii) Note: Map of Unit RV1 for Limnanthes floccosa ssp.
grandiflora follows:
[GRAPHIC] [TIFF OMITTED] TR21JY10.019
[[Page 42556]]
(7) Unit RV2 for Limnanthes floccosa ssp. grandiflora: Hammel Road,
Jackson County, Oregon.
(i) Unit RV2 is composed of four subunits and comprises
approximately 69 ha (169 ac) of vernal pool-mounded prairie. The unit
is located 1.2 km (0.75 mi) northeast of the confluence of Reese Creek
and the Rogue River, 1.3 km (0.8 mi) west of Highway 62, and 430 m
(1,400 ft) east of the Rogue River.
(ii) Subunit RV2A. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 514233, 4711302; 514239, 4711159; 514167, 4711162;
514141, 4711197; 514084, 4711197; 514078, 4711162; 513945, 4711163;
513895, 4711138; 513860, 4711142; 513879, 4711174; 513909, 4711271;
514034, 4711267; 514077, 4711239; 514191, 4711309; 514233, 4711302.
(iii) Subunit RV2B. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 514249, 4710764; 514248, 4710878; 514316,
4710877; 514319, 4710955; 514507, 4710953; 514510, 4710771; 514456,
4710770; 514416, 4710835; 514305, 4710813; 514305, 4710764; 514249,
4710764.
(iv) Subunit RV2C. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 514237, 4710760; 514236, 4710354; 514223, 4710354;
514223, 4709956; 513823, 4709956; 513823, 4709747; 513937, 4709737;
513937, 4709590; 513827, 4709557; 513824, 4709706; 513736, 4709706;
513609, 4709851; 513609, 4709950; 513679, 4709953; 513678, 4710224;
513731, 4710264; 513657, 4710353; 513586, 4710356; 513522, 4710388;
513522, 4710412; 513563, 4710412; 513563, 4710431; 513522, 4710431;
513522, 4710460; 513455, 4710460; 513455, 4710606; 513620, 4710606;
513620, 4710760; 514237, 4710760.
(v) Subunit RV2D. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 514240, 4709947; 514364, 4709947; 514432, 4709857;
514432, 4709737; 514404, 4709703; 514343, 4709635; 514240, 4709635;
514240, 4709947.
(vi) Note: Map of Unit RV2 for Limnanthes floccosa ssp. grandiflora
follows:
[[Page 42557]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.020
BILLING CODE 4310-55-C
[[Page 42558]]
(8) Unit RV3 for Limnanthes floccosa ssp. grandiflora: North Eagle
Point, Jackson County, Oregon.
(i) Unit RV3 is composed of four subunits and totals 490 ha (1,210
ac) of intact vernal pool habitat. The unit is located southwest of
Mosser Mountain and northeast of Long Mountain. The four subunits
loosely follow a 6.9-km (4.3-mi) stretch of Hog Creek beginning at its
origin. Originating 3.8 km (2.4 mi) east of Highway 62 in subunit RV3D,
Hog Creek runs through RV3C, crosses Highway 62, flows between RV3B
(located 100 m (328 ft) west of Highway 62) and RV3A (located 600 m
(1,970 ft) west of Highway 62), before emptying into the Rogue River
after 2.4 km (1.5 mi). Subunit RV3A is located 560 m (1,837 ft)
southeast of the confluence of Reese Creek and the Rogue River. Subunit
RV3B is located 100 m (328 ft) west of Highway 62 at the intersection
of Ball Road and extends along an 835-m (2,740-ft) stretch of Hog
Creek. Subunit RV3C is located 2 km (1.2 mi) north of Eagle Point (see
Index map) and extends 2.6 km (1.6 mi) south of the junction of Ball
Road and Reese Creek Road. Subunit RV3D is located 3.2 km (2 mi) east
of Long Mountain and is 2.4 km (1.5 mi) southeast of the junction of
Highway 62 and Ball Road. It extends along a 1.8-km (1.1-mi) stretch of
Hog Creek.
(ii) Subunit RV3A. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 513900, 4707000; 513600, 4707000; 513600, 4707300;
513700, 4707300; 513700, 4707400; 513619, 4707507; 513615, 4707926;
514239, 4707958; 514239, 4708060; 514295, 4708341; 514698, 4708343;
514700, 4707700; 514600, 4707700; 514600, 4707600; 514200, 4707600;
514200, 4707500; 514100, 4707500; 514100, 4707300; 514000, 4707300;
514000, 4707200; 513900, 4707200; 513900, 4707000.
(iii) Subunit RV3B. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 515000, 4707300; 515000, 4707200; 515100,
4707200; 515100, 4707100; 515200, 4707100; 515200, 4707000; 515300,
4707000; 515300, 4706800; 515297, 4706736; 515314, 4706735; 515392,
4706602; 515100, 4706500; 515100, 4706700; 515000, 4706700; 515000,
4706900; 514700, 4706900; 514700, 4707000; 514632, 4707121; 514700,
4707200; 514739, 4707278; 514751, 4707302; 515000, 4707300.
(iv) Subunit RV3C. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 517028, 4706768; 517092, 4706752; 517204, 4706908;
517373, 4707044; 517420, 4706930; 517422, 4706783; 517371, 4706703;
517352, 4706678; 517300, 4706500; 517200, 4706400; 517100, 4706400;
517100, 4706300; 516700, 4706300; 516700, 4705600; 516404, 4705740;
516500, 4705500; 516600, 4705400; 516656, 4705359; 516657, 4704920;
516544, 4704721; 516561, 4704303; 515800, 4704300; 515752, 4704604;
515743, 4704710; 515478, 4704720; 515478, 4705092; 515700, 4705200;
515857, 4705347; 515868, 4705565; 515834, 4705663; 515879, 4705750;
515870, 4705898; 515800, 4705900; 515773, 4706047; 515695, 4706196;
515612, 4706318; 515751, 4706317; 515754, 4706429; 515570, 4706438;
515604, 4706639; 515689, 4706642; 515703, 4706714; 515839, 4706711;
515987, 4706499; 516030, 4706396; 516076, 4706391; 516054, 4706503;
516000, 4706600; 516000, 4706700; 516272, 4706702; 516331, 4706528;
516426, 4706534; 516438, 4706595; 516511, 4706803; 516519, 4706917;
516903, 4706921; 516900, 4707000; 517000, 4707000; 517005, 4707167;
517099, 4707277; 517182, 4707293; 517091, 4706902; 517028, 4706768.
(v) Subunit RV3D. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 517605, 4704981; 517900, 4704800; 518077, 4704715;
518195, 4704709; 518298, 4704783; 518897, 4704882; 519012, 4704866;
519136, 4704706; 519215, 4704637; 519300, 4704600; 519432, 4704433;
519400, 4704300; 519100, 4704300; 518877, 4704218; 518630, 4704167;
518425, 4704138; 517884, 4704099; 517881, 4703997; 517506, 4703997;
517487, 4704093; 517111, 4704096; 517100, 4704300; 517000, 4704300;
517000, 4704700; 516900, 4704700; 516900, 4704900; 517000, 4704900;
517108, 4705041; 517204, 4705042; 517240, 4704956; 517329, 4704940;
517349, 4705090; 517605, 4704981.
(vi) Note: Map of Unit RV3 for Limnanthes floccosa ssp. grandiflora
follows:
BILLING CODE 4310-55-S
[[Page 42559]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.021
[[Page 42560]]
(9) Unit RV4 for Limnanthes floccosa ssp. grandiflora: Rogue
Plains, Jackson County, Oregon.
(i) Unit RV4 consists of 243 ha (600 ac) of partially intact vernal
pool-mounded prairie habitat. The unit is located 122 m (400 ft)
southeast of the junction of Highway 234 and Modoc Road. It extends 2
km (1.2 mi) south along Modoc Road from the intersection, is located
1.4 km (0.87 mi) southwest of Dodge Bridge, and is 1.0 km (0.6 mi)
northwest of Rattlesnake Rapids on the Rogue River.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 511521, 4707772; 511579, 4707753; 511731, 4707754; 511792,
4707458; 511650, 4707350; 511646, 4707314; 511732, 4707264; 511817,
4707263; 511841, 4707191; 511873, 4706982; 511834, 4706950; 511815,
4706886; 511842, 4706827; 511850, 4706749; 511906, 4706699; 511933,
4706612; 511935, 4706500; 511992, 4705935; 511810, 4705936; 511752,
4706068; 511690, 4706074; 511653, 4706048; 511532, 4705917; 511393,
4705886; 511372, 4705842; 511393, 4705672; 511381, 4705514; 511152,
4705526; 510995, 4705500; 510900, 4705309; 510854, 4705468; 510780,
4705556; 510734, 4705958; 510730, 4706314; 510307, 4706304; 510100,
4706299; 510099, 4706515; 510007, 4706519; 510007, 4706880; 510158,
4706889; 510321, 4706900; 510437, 4706901; 510439, 4706995; 510600,
4707032; 510600, 4706929; 510797, 4706927; 510917, 4706930; 510930,
4707070; 510957, 4707142; 511015, 4707202; 511221, 4707543; 511245,
4707601; 511281, 4707732; 511366, 4707759; 511465, 4707774; 511521,
4707772.
(iii) Note: Map of Unit RV4 for Limnanthes floccosa ssp.
grandiflora follows:
[[Page 42561]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.022
BILLING CODE 4310-55-C
[[Page 42562]]
(10) Unit RV5 for Limnanthes floccosa ssp. grandiflora: Table Rock
Terrace, Jackson County, Oregon.
(i) Unit RV5 includes 49 ha (122 ac) of intact vernal pool-mounded
prairie habitat. The unit is located on privately owned land 670 m
(2,200 ft) north of the junction of Modoc and Antioc Roads, is 1.4 km
(0.9 mi) east of Upper Table Rock, and is 650 m (2,300 ft) west of the
Rogue River. This unit follows along an 800-m (2,600-ft) stretch of
Modoc Road to the east of the unit and along a 700-m (2,300-ft) stretch
of Antioc Road to the west of the unit.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 510498, 4703327; 510408, 4703091; 510198, 4703087; 510196,
4702941; 510195, 4702798; 510142, 4702687; 510225, 4702685; 510122,
4702583; 509704, 4702586; 509705, 4702789; 509509, 4702788; 509419,
4702971; 509368, 4703012; 509265, 4703108; 509318, 4703176; 509475,
4703231; 509515, 4703210; 509654, 4702930; 509719, 4702939; 509642,
4703337; 509897, 4703342; 509895, 4703244; 510190, 4703238; 510196,
4703181; 510232, 4703182; 510418, 4703353; 510498, 4703327.
(iii) Note: Map of Unit RV5 for Limnanthes floccosa ssp.
grandiflora follows:
[[Page 42563]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.023
BILLING CODE 4310-55-C
[[Page 42564]]
(11) Unit RV6 for Limnanthes floccosa ssp. grandiflora: White City,
Jackson County, Oregon.
(i) Unit RV6 for Limnanthes floccosa ssp. grandiflora consists of
eight subunits totaling 740 ha (1,829 ac) in size and includes intact
vernal pool-mounded prairie and swale habitats. The unit is located
around White City, is 1.6 km (1.0 mi) southwest of Eagle Point, and is
440 m (1,444 ft) southeast of the confluence of the Rogue River and
Little Butte Creek. Subunit RV6A is located north of Whetstone Creek
and is 500 m (1,200 ft) west of the junction of Highway 62 and Antelope
Road. Subunits RV6B, RV6C, RV6D, and RV6E are located north of Avenue G
in White City, south of Little Butte Creek, and 670 m (2,200 ft)
southwest of Antelope Creek. Subunits RV6F and RV6G are located
approximately 500 feet west of Dry Creek and are east of Highway 62 in
White City. Subunit RV6H is located north of Whetstone Creek and south
of Antelope Road. Subunit RV6H roughly encircles the Hoover Ponds, east
of Highway 62, and is 850 m (2,790 ft) east of subunit RV6A.
(ii) Subunit RV6A. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 509590, 4698553; 509628, 4698521; 509577, 4698528;
509573, 4698455; 509577, 4698351; 509566, 4698006; 509442, 4698029;
509398, 4698000; 509198, 4698000; 509198, 4697800; 509298, 4697800;
509298, 4697600; 509398, 4697600; 509398, 4697200; 509498, 4697200;
509498, 4697000; 510108, 4697038; 511737, 4697038; 511691, 4696744;
511407, 4696721; 511411, 4696840; 511292, 4696822; 511237, 4696703;
511278, 4696561; 511485, 4696363; 511242, 4696382; 510805, 4696377;
510535, 4696386; 510364, 4696502; 510322, 4696531; 510245, 4696538;
510056, 4696496; 509872, 4696506; 509811, 4696502; 509769, 4696521;
509695, 4696566; 509598, 4696583; 509527, 4696581; 509379, 4696562;
509128, 4696551; 508982, 4696571; 508669, 4696639; 508571, 4696681;
508453, 4696742; 508398, 4696800; 508318, 4696826; 508206, 4696995;
508126, 4697151; 508031, 4697328; 508098, 4697600; 508398, 4697600;
508398, 4697700; 508591, 4697655; 508692, 4697705; 508610, 4697875;
508522, 4698014; 508478, 4698093; 508478, 4698282; 508523, 4698383;
508785, 4698470; 508805, 4698389; 508850, 4698248; 509054, 4698315;
509009, 4698451; 509105, 4698414; 509319, 4698187; 509491, 4698100;
509542, 4698118; 509542, 4698162; 509392, 4698318; 509227, 4698493;
509198, 4698600; 509241, 4698655; 509409, 4698681; 509590, 4698553;
excluding land bound by 508798, 4697800; 508798, 4697700; 509098,
4697700; 509098, 4697800; 508798, 4697800; and excluding land bound by
508498, 4697300; 508498, 4697100; 508598, 4697100; 508598, 4697300;
508498, 4697300.
(iii) Subunit RV6B. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 511598, 4698900; 511598, 4698600; 511397,
4698599; 511400, 4698706; 511342, 4698706; 511317, 4698897; 511598,
4698900. Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 510939, 4698995; 511085, 4698924; 511147, 4698879; 511265,
4698671; 511192, 4698665; 510996, 4698638; 510998, 4698600; 510998,
4698500; 510698, 4698500; 510333, 4698509; 510331, 4698311; 509878,
4698348; 509875, 4698535; 509761, 4698539; 509680, 4698627; 509690,
4698655; 509837, 4698676; 510131, 4698713; 510528, 4698586; 510558,
4698649; 510302, 4698763; 510057, 4698814; 509882, 4698788; 509692,
4698753; 509664, 4698788; 509601, 4698784; 509526, 4698802; 509528,
4698848; 509570, 4698886; 509725, 4698869; 509785, 4698879; 510041,
4698975; 510129, 4698970; 510185, 4699005; 510230, 4699065; 510296,
4699104; 510491, 4699069; 510716, 4699049; 510939, 4698995.
(iv) Subunit RV6C. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 511820, 4699600; 511823, 4698894; 511714, 4698973;
511610, 4699028; 511474, 4699074; 511344, 4699123; 511180, 4699162;
511099, 4699200; 510982, 4699239; 510823, 4699334; 510663, 4699389;
510696, 4699456; 510899, 4699500; 510991, 4699540; 511066, 4699536;
511142, 4699487; 511189, 4699408; 511280, 4699298; 511502, 4699161;
511726, 4699150; 511757, 4699203; 511616, 4699285; 511445, 4699428;
511448, 4699581; 511585, 4699579; 511664, 4699701; 511671, 4699749;
511736, 4699785; 511820, 4699786; 511820, 4699600.
(v) Subunit RV6D. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 512404, 4699868; 512401, 4699742; 512583, 4699754;
512583, 4699708; 512636, 4699704; 512779, 4699700; 512766, 4699621;
512788, 4699505; 512821, 4699514; 512861, 4699694; 512928, 4699706;
513046, 4699707; 513295, 4699707; 513301, 4699470; 513131, 4699451;
513141, 4699288; 513037, 4699198; 512998, 4699209; 512681, 4699291;
512540, 4699322; 512382, 4699389; 512238, 4699551; 512237, 4699788;
512161, 4699788; 512161, 4699860; 512234, 4699860; 512241, 4699959;
512321, 4699936; 512328, 4699871; 512404, 4699868.
(vi) Subunit RV6E. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 515171, 4698870; 515331, 4698870; 515330, 4698766;
515568, 4698765; 515568, 4698791; 515687, 4698792; 515687, 4698766;
515758, 4698686; 515759, 4698632; 515856, 4698631; 515856, 4698563;
515472, 4698568; 515472, 4698496; 515356, 4698495; 515356, 4698608;
515304, 4698606; 515304, 4698763; 515236, 4698763; 515236, 4698689;
515188, 4698689; 515188, 4698608; 515076, 4698605; 515071, 4698752;
515173, 4698751; 515171, 4698870. Land bounded by the following UTM
Zone 10, NAD83 coordinates (E,N): 514894, 4698763; 514895, 4698584;
514804, 4698584; 514804, 4698545; 514627, 4698545; 514627, 4698576;
514464, 4698576; 514465, 4698761; 514445, 4698761; 514445, 4698915;
514529, 4698915; 514529, 4698767; 514624, 4698767; 514624, 4698940;
514678, 4698942; 514675, 4698858; 514893, 4698858; 514894, 4698874;
514984, 4698809; 514984, 4698763; 514894, 4698763. Land bounded by the
following UTM Zone 10, NAD83 coordinates (E,N): 514171, 4699050;
514171, 4698837; 514181, 4698837; 514181, 4698763; 514248, 4698762;
514249, 4698496; 513488, 4698496; 513456, 4698594; 513510, 4698652;
513695, 4698649; 513695, 4698767; 513773, 4698843; 513881, 4698843;
513880, 4698920; 513928, 4698967; 514019, 4698968; 514021, 4699022;
513877, 4699022; 514021, 4699174; 514171, 4699050.
(vii) Subunit RV6F. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 516157, 4697446; 516113, 4697319; 515222,
4697324; 515202, 4697271; 515033, 4697285; 515035, 4697791; 516149,
4697751; 516157, 4697446. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 516162, 4698466; 516140, 4698214; 516149,
4697960; 516028, 4697955; 515942, 4697933; 515819, 4697947; 515752,
4697925; 515666, 4697936; 515540, 4697896; 515376, 4697904; 515041,
4697952; 515055, 4698348; 515122, 4698420; 515165, 4698417; 515315,
4698305; 515395, 4698283; 515403, 4698340; 515478, 4698342; 515481,
4698391; 515548, 4698393; 515559, 4698222; 515620, 4698219; 515631,
4698409; 515864, 4698377; 515854, 4698240; 515996, 4698278; 516023,
4698463; 516162, 4698466.
(viii) Subunit RV6G. Land bounded by the following UTM Zone 10,
NAD83 coordinates (E,N): 517376, 4696746; 517526, 4696572; 517491,
4696542;
[[Page 42565]]
517351, 4696625; 517287, 4696695; 517217, 4696740; 517193, 4696711;
516712, 4696690; 516601, 4696630; 516302, 4696629; 516198, 4696495;
516181, 4696347; 516117, 4696263; 516030, 4696218; 515906, 4696192;
515899, 4696751; 516095, 4696752; 516098, 4696895; 516245, 4696937;
516405, 4696975; 516400, 4697547; 516449, 4697593; 516578, 4697590;
516640, 4697528; 516664, 4697441; 516684, 4697224; 516998, 4697195;
517053, 4697116; 517199, 4697019; 517376, 4696746.
(ix) Subunit RV6H. Land bounded by the following UTM Zone 10, NAD83
coordinates (E,N): 514058, 4696358; 514010, 4696329; 513917, 4696330;
513916, 4696504; 514058, 4696505; 514058, 4696358. Land bounded by the
following UTM Zone 10, NAD83 coordinates (E,N): 515597, 4696769;
515483, 4696601; 515485, 4696329; 515384, 4696329; 515380, 4696456;
515110, 4696452; 515111, 4696236; 515252, 4696236; 515301, 4696272;
515387, 4696272; 515386, 4696252; 515671, 4696257; 515512, 4695943;
515429, 4695944; 515427, 4695837; 515094, 4695837; 515090, 4696228;
514931, 4696225; 514931, 4695895; 514706, 4695899; 514713, 4695991;
514298, 4695895; 514273, 4695897; 514269, 4696102; 514075, 4696098;
514071, 4695895; 513880, 4695899; 513880, 4696227; 514731, 4696231;
514731, 4696288; 514947, 4696291; 514948, 4696321; 514783, 4696332;
514786, 4696393; 514756, 4696396; 514760, 4696508; 514564, 4696535;
514469, 4696735; 513882, 4696737; 513857, 4696770; 513518, 4696773;
512577, 4696788; 512576, 4696912; 513519, 4696896; 514245, 4696895;
514245, 4696811; 514556, 4696812; 514684, 4696816; 514681, 4696895;
514858, 4696895; 514856, 4696758; 515029, 4696760; 515027, 4696933;
515600, 4696932; 515600, 4696888; 515600, 4696769; 515597, 4696769.
(x) Note: Map of Unit RV6 for Limnanthes floccosa ssp. grandiflora
follows:
BILLING CODE 4310-55-S
[[Page 42566]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.024
[[Page 42567]]
(12) Unit RV7 for Limnanthes floccosa spp. grandiflora: Agate Lake,
Jackson County, Oregon.
(i) Unit RV7 consists of 421 ha (1,039 ac) of intact vernal pool-
mounded prairie and swale habitat. The unit is located 500 m (1,640 ft)
east of the Agate Reservoir, lies along a 5.4-km (3.4-mi) stretch
roughly parallel and between Dry Creek and Antelope Creek, is 330 m
(1,080 ft) north of Tater Hill, and is 1.4 km (0.9 mi) southeast of the
confluence of Dry Creek and Antelope Creek.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 517808, 4697980; 517808, 4697801; 518395, 4697802; 518543,
4697468; 518739, 4697149; 518832, 4696888; 518873, 4696839; 518911,
4696901; 518897, 4697166; 518801, 4697530; 518768, 4697585; 518909,
4697626; 519009, 4697554; 519143, 4697496; 519287, 4697482; 519338,
4697455; 519469, 4697266; 519593, 4697211; 519772, 4697176; 519935,
4697144; 519939, 4696803; 519935, 4696659; 520376, 4696668; 520486,
4696341; 520412, 4696340; 520344, 4696340; 520317, 4696245; 520373,
4696149; 520401, 4696088; 520507, 4696070; 520542, 4696146; 520655,
4695903; 520597, 4695903; 520597, 4695847; 520446, 4695850; 520444,
4695454; 520682, 4695457; 520736, 4694656; 520651, 4694661; 520642,
4694693; 520604, 4694699; 520604, 4694664; 520548, 4694650; 520644,
4694497; 520606, 4694381; 520568, 4694352; 520522, 4694510; 520459,
4694646; 520405, 4694748; 520416, 4694768; 520360, 4694804; 520349,
4694793; 520249, 4694857; 520140, 4694864; 520144, 4694753; 520051,
4694751; 520049, 4694804; 519944, 4694807; 519939, 4694941; 519916,
4694941; 519862, 4694917; 519715, 4694934; 519528, 4694934; 519504,
4695191; 519366, 4695135; 519329, 4695463; 519426, 4695452; 519416,
4695520; 519222, 4695672; 519272, 4695886; 519149, 4695959; 519019,
4696019; 518976, 4696068; 518990, 4696208; 519390, 4696026; 519395,
4696649; 518704, 4696657; 518564, 4696765; 518497, 4696803; 518453,
4696888; 518297, 4697003; 518197, 4697103; 518075, 4697204; 517697,
4697272; 517636, 4697317; 517405, 4697441; 517371, 4697462; 517250,
4697496; 517144, 4697558; 517137, 4697733; 517129, 4697774; 517061,
4697853; 516893, 4698029; 516884, 4698305; 517085, 4698310; 517297,
4698303; 517379, 4698251; 517487, 4698181; 517538, 4698118; 517658,
4697982; 517808, 4697980.
(iii) Note: Map of Unit RV7 for Limnanthes floccosa ssp.
grandiflora follows:
[[Page 42568]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.025
[[Page 42569]]
(13) Unit RV8 for Limnanthes floccosa ssp. grandiflora: Whetstone
Creek, Jackson County, Oregon.
(i) Unit RV8 consists of 344 ha (850 ac) of intact vernal pool-
mounded prairie and swale habitat. The unit is located approximately
1.4 km (0.9 mi) southeast of the confluence of the Rogue River and
Whetstone Creek, 2.2 km (1.4 mi) southwest of Tou Velle State Park, and
2.9 km southeast of the confluence of Bear Creek and the Rogue River.
The unit roughly parallels a 2.6-km (1.6-mi) stretch of Whetstone Creek
to the south.
(ii) Land bounded by the following UTM Zone 10, NAD83 coordinates
(E,N): 507195, 4697380; 507335, 4697312; 507411, 4697148; 507489,
4696991; 507579, 4696913; 507601, 4696830; 507604, 4696619; 507803,
4696617; 507946, 4696761; 508050, 4696760; 508086, 4696744; 508102,
4696700; 508115, 4696614; 508125, 4696557; 508199, 4696494; 508191,
4696311; 507797, 4696307; 507804, 4695886; 508202, 4695883; 508202,
4695051; 507814, 4695057; 507820, 4695259; 507012, 4695259; 507015,
4695418; 506686, 4695430; 506686, 4695706; 506801, 4695704; 506794,
4695971; 506392, 4695967; 506389, 4695791; 505589, 4695791; 505589,
4695991; 505789, 4695991; 505792, 4696631; 506152, 4696631; 506152,
4697078; 506378, 4696820; 506531, 4696643; 506981, 4696645; 506986,
4696916; 506820, 4696916; 506824, 4697131; 506986, 4697131; 506988,
4697318; 506789, 4697291; 506787, 4697223; 506578, 4697214; 506578,
4696879; 506509, 4696842; 506262, 4697197; 505415, 4697033; 505412,
4697323; 505491, 4697339; 505512, 4697123; 506022, 4697198; 506011,
4697265; 505876, 4697283; 505669, 4697233; 505601, 4697265; 505627,
4697366; 506667, 4697565; 506868, 4697490; 507015, 4697441; 507195,
4697380.
(iii) Note: Map of Unit RV8 for Limnanthes floccosa ssp.
grandiflora follows:
[[Page 42570]]
[GRAPHIC] [TIFF OMITTED] TR21JY10.026
* * * * *
Dated: July 2, 2010
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-17324 Filed 7-20-10; 8:45 am]
BILLING CODE 4310-55-C